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DE Dealer Statute Only Covers New Equipment

By Adam J. Schlagman and Gina Passarella
August 02, 2015

Suppliers only have to repurchase new, unused equipment from dealers under Delaware's Equipment Dealer Contracts Statute, the state Supreme Court has ruled in answering a question certified from the Third Circuit.

The en banc court's decision in Terex v. Southern Track & Pump, No. 13-4279 (June 16), ruled that the statute's silence on the suppliers' obligations to repurchase used equipment when a distributor agreement was terminated meant there was no obligation to repurchase the used inventory.

The conflict arose from two seemingly contradictory portions of the statute, with distributor Southern Track & Pump (Southern Track) arguing that the statute provided for the repurchase of “all inventory,” while Terex highlighted the fact that the statute's subsequent pricing formulas for repurchase only referenced unused equipment.

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