{"data":{"id":"us-de/21-del.-c.-8705","jurisdiction":"us-de","citation":"21 Del. C. § 8705","heading":"Repurchase of inventory.","body":"(a) If a new recreational equipment dealer terminates, cancels, or fails to renew a manufacturer-dealer agreement for “good cause” as defined in § 8704(e) of this title and the manufacturer fails to cure the claimed deficiencies as provided in § 8704(d) of this title, at the election of the new recreational equipment dealer and within 45 days after termination, cancellation, or nonrenewal, the manufacturer must do all of the following:\n(1) Repurchase all new, untitled recreational equipment that was acquired from the manufacturer or distributor within 12 months before the effective date of the notice of termination, cancellation, or nonrenewal that has not been used, except for demonstration purposes, and that has not been altered or damaged, at 100% of the net invoice cost, including transportation, less applicable rebates and discounts to the new recreational equipment dealer. If any of the equipment repurchased pursuant to this paragraph (a)(1) is damaged, but does not trigger a consumer disclosure requirement, the amount due the new recreational equipment dealer must be reduced by the cost to repair the equipment. Damage prior to delivery to the new recreational equipment dealer that is disclosed at the time of delivery will not disqualify repurchase under this provision.\n(2) Repurchase all undamaged accessories and proprietary parts sold to a new recreational equipment dealer for resale within the 12 months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at 105% of the original net price paid to the manufacturer or distributor to compensate the new recreational equipment dealer for handling, packing, and shipping the parts.\n(3) Repurchase any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at 100% of the new recreational equipment dealer’s net cost plus freight, destination, delivery, and distribution charges and sales taxes, if any, if the items were purchased by the new recreational equipment dealer within 5 years before termination, cancellation, or nonrenewal upon the manufacturer’s or distributor’s request, and can no longer be used in the normal course of the new recreational equipment dealer’s ongoing business.\n(4) Compensate the dealer for any transporting, handling, packing, storing, and loading of any returned parts, tools, and equipment.\n(b) The manufacturer or distributor must pay the new recreational equipment dealer within 30 days of receipt of the items returned pursuant to this section.","path":["Title 21. Motor Vehicles","Part IV. Miscellaneous","Chapter 87. New Recreational Equipment Manufacturer-Dealer Agreements"],"source_url":"https://delcode.delaware.gov/title21/title21.pdf","current_through":"2026-08-27 (85 Del. Laws, c. 453, 455-458, 460)","vintage":"","retrieved_at":"2026-09-19T02:14:56Z","sha256":"c18f87b76e4ebd5de74fdab6e59f3e0224d46ac9348fdddaa1ed00befe148a0a","source_id":"us-de","stale":false,"prev":"us-de/21-del.-c.-8704","next":"us-de/21-del.-c.-8706"},"notice":"GroundRules: Original legal text. Not legal advice."}
