Sec. 57.357. AGREEMENT TERMINATED BY DEALER; INAPPLICABILITY OF SUBCHAPTER TO CERTAIN SPECIALTY SUPPLIERS. (a) This subchapter does not apply to a specialty agricultural equipment supplier if the dealer terminates the dealer agreement without good reason. A dealer has good reason to terminate the dealer agreement for any of the following reasons: (1) the death or disability of a majority owner of the dealership; (2) the dealership terminates the dealer agreement and: (A) substantially all of the dealership assets or all shares of stock of the dealership are sold to a new owner; and (B) no owner of the terminated dealership continues to own an interest in the continuing dealership; (3) the filing of bankruptcy by or against the dealership that has not been discharged within 30 days after the date of the filing, the appointment of a receiver, or an assignment for the benefit of creditors; or (4) the specialty agricultural equipment supplier: (A) abandons the market or withdraws from the market by no longer selling to the dealer a type of equipment previously sold to the dealer that constituted a material part of the specialty agricultural equipment sold by the supplier; (B) consistently sells products to the dealer that are defective or breach the implied warranty of merchantability; (C) consistently fails to: (i) provide adequate product support for the type and use of the product, including technical assistance, operator and repair manuals, and part lists and diagrams; (ii) provide adequate training required by the supplier for maintenance, repair, or use of the supplier's products; or (iii) provide marketing and marketing support for the supplier's product if marketing is a requirement of the dealer agreement; (D) consistently fails to meet the supplier's warranty obligations to the dealer as required by contract or law, including obligations under this chapter; (E) has engaged in conduct that is injurious or detrimental to the dealer's customers, the public welfare, or the dealer's reputation; (F) has made material misrepresentations to the dealer or has falsified a record; (G) has breached the dealer agreement; or (H) has violated this chapter. (b) This subchapter may not be construed to limit a specialty agricultural equipment supplier's obligation to repurchase a dealer's inventory as provided by this section if the supplier terminates or otherwise discontinues the dealer agreement.
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