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Vegas Law

nventory. (Added to NRS by 2003, 3399) NRS 597.113 “Inventory” defined. “Inventory” means farm equipment or any attachments or repair parts for that farm equipment. (Added to NRS by 2003, 3399) NRS 597.1133 “Net price” defined. “Net price” means the price set forth in the price list or catalog of a supplier which is in effect when a dealer agreement is terminated, less any applicable trade or cash discounts. (Added to NRS by 2003, 3400) NRS 597.1137 “Superseded part” and “superseded repair part” defined. “Superseded part” or “superseded repair part” means a part which has an equivalent function of a part which is available on the date of the termination of a dealer agreement. (Added to NRS by 2003, 3400) NRS 597.114 “Supplier” defined. “Supplier” means: 1. A manufacturer, wholesaler or wholesale distributor of new inventory; 2. A purchaser of the assets or shares of a surviving corporation resulting from a merger or liquidation of a supplier; or 3. A receiver, assignee or trustee of such a manufacturer, wholesaler or wholesale distributor. (Added to NRS by 2003, 3400) NRS 597.1143 Dealer agreement: Termination, failure to renew or substantial change of terms for good cause. 1. A supplier shall not terminate, fail to renew or substantially change the terms of a dealer agreement without good cause. 2. Except as otherwise provided in this section, a supplier may terminate or refuse to renew a dealer agreement for good cause if the supplier provides to the dealer a written notice setting forth the reasons for the termination or nonrenewal of the dealer agreement at least 180 days before the termination or nonrenewal of the dealer agreement. 3. A supplier shall include in the written notice required by subsection 2 an explanation of the deficiencies of the dealer and the manner in which those deficiencies must be corrected. If the dealer corrects the deficiencies set forth in the notice within 60 days after he receives the notice, the supplier shall not terminate or fail to renew the dealer agreement for the reasons set forth in the notice. 4. A supplier shall not terminate or refuse to renew a dealer agreement based solely on the failure of the dealer to comply with the requirements of the dealer agreement concerning the share of the market the dealer was required to obtain unless the supplier has, for not less than 1 year, provided assistance to the dealer in the dealer’s effort to obtain the required share of the market. 5. A supplier is not required to comply with the provisions of subsections 2 and 3 if the supplier terminates or refuses to renew a dealer agreement for any reason set forth in paragraphs (b) to (i), inclusive, of subsection 6. 6. As used in this section, “good cause” means: (a) A dealer fails to comply with the terms of a dealer agreement, if the terms are not substantially different from the terms required for other dealers in this state or any other state; (b) A closeout or sale of a substantial part of the business assets of a dealer or a commencement of the dissolution or liquidation of the business assets of the dealer; (c) A dealer changes its principal place of business or adds other places of business without the prior approval of the supplier, which may not be unreasonably withheld; (d) A dealer substantially defaults under a chattel mortgage or other security agreement between the dealer and the supplier; (e) A guarantee of a present or future obligation of a dealer to the supplier is revoked or discontinued; (f) A dealer fails to operate in the normal course of business for at least 7 consecutive days; (g) A dealer abandons the dealership; (h) A dealer pleads guilty to or is convicted of a felony affecting the business relationship between the dealer and supplier; or (i) A dealer transfers a financial interest in the dealership, a person who has a substantial financial interest in the ownership or control of the dealership dies or withdraws from the dealership, or the financial interest of a partner or major shareholder in the dealership is substantially reduced. For the purposes of this section, good cause does not exist if the supplier consents to any action described in this section. (Added to NRS by 2003, 3400) NRS 597.1147 Return of surplus parts to supplier; credit for returned parts. 1. Each year a supplier shall allow each dealer with whom it has entered into a dealer agreement to return to the supplier for credit a portion of the surplus parts in the dealer’s inventory. 2. A supplier shall notify each dealer of the period it has designated for that dealer to submit a list of the surplus parts the dealer wishes to return and for that dealer to return the surplus parts to the supplier. The period designated for each dealer for the return of surplus parts must not be less than 90 days. 3. If a supplier fails to notify a dealer of the period during which the dealer may return surplus parts within the preceding 12 months, the supplier shall authorize the return of a dealer’s surplus parts within 60 days after the supplier receives a request from the dealer to return the surplus parts. 4. A dealer may return surplus parts equal to not more than 10 percent of the value of the parts purchased by the dealer from the supplier during: (a) The 12-month period immediately preceding the notice provided to the dealer by the supplier pursuant to subsection 2; or (b) The month the supplier receives a request from a dealer pursuant to subsection 3 to return surplus parts to the supplier, whichever is applicable. 5. Any part included in the supplier’s list of returnable parts or any superseded part that is not eligible for return to the supplier on the date the supplier provides notice to the dealer pursuant to subsection 2 or the date the supplier receives the dealer’s request pursuant to subsection 3, whichever is applicable, is eligible for credit as a returned surplus part. A part which is returned must be in new and undamaged condition and must have been purchased by the dealer from the supplier to whom it is returned. 6. The minimum credit allowed for a returned part is 95 percent of the net price, as set forth in the supplier’s list of returnable parts on the date the supplier provides notice to the dealer pursuant to subsection 2 or the date the supplier receives the dealer’s request pursuant to subsection 3, whichever is applicable. 7. All applicable credit for the returned parts must be issued or provided to the dealer within 90 days after the supplier receives the dealer’s returned surplus parts. 8. The provisions of this section: (a) Do not apply to a supplier that has established a program for its dealers for the return of surplus repair parts if the program provides credit of not less than 85 percent of the net price for the returned repair parts; (b) Do not prohibit a supplier from charging a dealer’s account for the amounts previously paid or credited by the supplier as a discount incident to the dealer’s purchase of goods; and (c) Do not require a dealer to return for credit surplus parts to a supplier. (Added to NRS by 2003, 3401) NRS 597.115 Limitations on requirements imposed by supplier upon dealer; prohibition against certain changes to dealer agreement. A supplier shall not: 1. Require a dealer to accept delivery of equipment, parts or accessories which the dealer has not ordered unless the equipment, parts or accessories are required by the supplier for the safe use of any inventory provided to the dealer by the supplier; 2. Condition the sale of any equipment to a dealer upon the purchase of additional goods or services, except that a supplier may require a dealer to purchase those parts which are necessary to maintain the equipment used in t

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