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ID H0134
Bill
AI Summary
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Requires wholesalers, manufacturers, and distributors to repurchase unused, unsold, and undamaged farm equipment, implements, parts, and repair manuals from retailers upon contract termination at 100% of net cost for items purchased within 36 months.
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Establishes compensation requirements for suppliers conducting direct sales to end users through dealers, including payment for preparation/service labor, delivery, and a minimum 10% commission on sales or leases.
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Allows court judgments in disputes between suppliers and dealers to include damages equal to two times compensatory damages, plus attorney's fees and actual costs.
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Requires suppliers to compensate dealers for warranty claims within 30 days of acceptance at the dealer's retail labor rate, current net price plus 20%, and extraordinary freight costs; prohibits suppliers from passing warranty costs to dealers through surcharges or discount reductions.
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Establishes Idaho state courts' exclusive jurisdiction over disputes between out-of-state suppliers and Idaho dealers, with venue in the county where the dealer's principal place of business is located.
Legislative Description
Amends and adds to existing law relating to farm equipment to provide for the repurchase of equipment, construction equipment and repair parts for equipment; to remove certain time conditions; to provide that certain provisions shall apply to purchases by retailers from persons, firms or corporations in the business of selling or retailing farm equipment; to provide for the passage of title relating to equipment; to provide for civil liability relating to violations of specified provisions; to provide for the repurchase of equipment from heirs; to provide for liability upon failure to pay following cancellation of contracts relating to equipment; to provide that judgments may include treble damages; to provide notice requirements relating to wholesalers, manufacturers and distributors of equipment; to provide for jurisdiction and venue; to revise provisions relating to agreements between suppliers and dealers of farm equipment; to revise provisions relating to compensation for warranty claims; to provide for the sale, lease and rental of new equipment; to provide for the use of certain dealers and to provide for dealer compensation.
FARM EQUIPMENT
Last Action
to Bus
2/11/2011