Illinois General Assembly - Full Text of Public Act 096-1155
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Public Act 096-1155


 

Public Act 1155 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1155
 
HB5912 EnrolledLRB096 17601 DRJ 32958 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Equipment Fair Dealership Law is
amended by changing Sections 2, 4, 5, and 7 as follows:
 
    (815 ILCS 715/2)  (from Ch. 5, par. 1502)
    Sec. 2. As used in this Act unless the context clearly
requires otherwise:
    (1) "Current net price" shall mean the price listed in the
wholesaler's, manufacturer's, or distributor's price list in
effect at the time the contract is canceled or discontinued,
less any applicable trade, volume and/or cash discounts;
    (2) "Inventory" shall mean farm implements, farm
machinery, attachments, accessories and repair parts, outdoor
power equipment including but not limited to all-terrain
vehicles or off-highway motorcycles, construction equipment,
industrial equipment, attachments, accessories and repair
parts;
    (3) "Net cost" shall mean the price the retailer actually
paid for the merchandise to the wholesaler, manufacturer or
distributor, plus freight from the wholesaler's,
manufacturer's or distributor's location to the dealer's
location;
    (4) "Retailer" shall mean any person, firm or corporation
engaged in the business of selling and retailing outdoor power
equipment including but not limited to all-terrain vehicles or
off-highway motorcycles, farm implements, farm machinery,
attachments accessories or repair parts and retailers of
construction or industrial equipment, attachments or
accessories or repair parts, but shall not include retailers of
petroleum and motor vehicles and related automotive care and
replacement products normally sold by such retailers.
(Source: P.A. 86-259.)
 
    (815 ILCS 715/4)  (from Ch. 5, par. 1504)
    Sec. 4. (1) The wholesaler, manufacturer or distributor
shall repurchase that inventory previously purchased from him
and held by the retailer at the date of termination of the
contract. The wholesaler, manufacturer or distributor shall
pay 100% of the net cost of all new, unsold, undamaged and
complete outdoor power equipment including but not limited to
all-terrain vehicles or off-highway motorcycles, farm
implements, farm machinery, attachments and accessories,
construction equipment, industrial equipment, attachments and
accessories and 95% of the current net price of all new, unused
and undamaged repair parts. The retailer shall pay the cost of
transportation to the nearest warehouse maintained by the
wholesaler, manufacturer or distributor, or to a mutually
agreeable site. The wholesaler, manufacturer or distributor
shall pay the retailer 5% of the current net price on all new,
unused and undamaged repair parts returned to cover the cost of
handling, packing and loading. The wholesaler, manufacturer or
distributor shall have the option of performing the handling,
packaging and loading in lieu of paying the retailer 5% for
these services; provided the same can be accomplished within 45
days of termination.
    (2) Upon payment of the repurchase amount to the retailer,
the title and right of possession to the repurchased inventory
shall transfer to the wholesaler, manufacturer or distributor.
(Source: P.A. 86-259.)
 
    (815 ILCS 715/5)  (from Ch. 5, par. 1505)
    Sec. 5. The provisions of this Act shall be supplemental to
any agreement between the retailer and the manufacturer,
wholesaler, or distributor covering the return of outdoor power
equipment including but not limited to all-terrain vehicles or
off-highway motorcycles, farm implements, farm machinery,
attachments, accessories, and repair parts, construction
equipment, industrial equipment, attachments, accessories, and
repair parts so that the retailer can elect to pursue either
his contract remedy or the remedy provided herein, and an
election by the retailer to pursue his contract remedy shall
not bar his right to the remedy provided herein as to those
farm implements, farm machinery, attachments, accessories and
repair parts not affected by the contract remedy.
(Source: P.A. 86-259; 86-820; 86-1028.)
 
    (815 ILCS 715/7)  (from Ch. 5, par. 1507)
    Sec. 7. The provisions of this Act shall not require the
repurchase from a retailer of:
    (1) Any repair part which has a limited storage life and is
in a deteriorated condition;
    (2) Any repair part which is in a broken or damaged
package;
    (3) Any single repair part which is priced as a set of two
or more items;
    (4) Any repair part which because of its condition is not
resalable as a new part without repackaging or reconditioning;
    (5) Any inventory for which the retailer is unable to
furnish evidence, satisfactory to the wholesaler, manufacturer
or distributor, of title, free and clear of all claims, liens
and encumbrances;
    (6) Any inventory which the retailer desires to keep,
provided the retailer has a contractual right to do so;
    (7) Any outdoor power equipment including but not limited
to all-terrain vehicles or off-highway motorcycles, farm
implements, farm machinery, attachments and accessories,
construction equipment, industrial equipment, attachments and
accessories which are not in new, unused, undamaged, or
complete condition;
    (8) Any repair parts which are not in new, unused, or
undamaged condition;
    (9) Any outdoor power equipment including but not limited
to all-terrain vehicles or off-highway motorcycles, farm
implements, farm machinery, attachments or accessories,
construction equipment, industrial equipment, attachments or
accessories which were purchased 24 months or more prior to
notice of termination of the contract;
    (10) Any inventory which was ordered by the retailer on or
after the date of notification of termination of the contract;
    (11) Any inventory which was acquired by the retailer from
any source other than the wholesaler, manufacturer or
distributor.
    (12) Any repair parts not listed in the manufacturers'
current price list in effect at date of notice of termination
or classified as obsolete by the manufacturer. However, this
exception to the repurchase requirement shall apply only if the
wholesaler, manufacturer or distributor provided the retailer
with the opportunity to return the parts prior to notice of
termination of the dealership.
(Source: P.A. 86-259.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/21/2010