Title 47, Commercial Instruments And Transactions

(a) A dealer who enters into a written retail agreement with a supplier to maintain a stock of motorcycles, off-road vehicles, or related parts and attachments has the following rights to payment upon repurchase, at the option of the dealer, if the retail agreement is terminated:…

Upon payment of the repurchase amount to the dealer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the dealer's reserve account for recourse, retail sal…

(1) This part does not require repurchase from a dealer of:(1) Any repair part that, because of its condition, is not resalable as a new part;(2) Any inventory for which the dealer is unable to furnish evidence of title and ownership in the dealer that is free and clear of all cl…

(a) If any supplier fails or refuses to repurchase and pay the dealer for any inventory covered under this part within sixty (60) days after shipment of the inventory, the supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, p…

(a) In the event of the death of the dealer or the majority stockholder of a corporation operating as a dealer, the supplier shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the dealer or majority stockholder as if the supplier had ter…

This part shall not be construed to affect in any way any security interest that the supplier may have in the inventory of the dealer, and any repurchase under this part shall not be subject to the bulk sales law. The dealer and supplier shall furnish representatives to inspect a…

This part shall apply to all contracts and shall apply to all retail agreements in effect that have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after January 1, 2007. This part shall…

(a) This part shall not be waivable in any contract, and any such attempted waiver shall be null and void. (b) Any contractual term restricting the procedural or substantive rights of a dealer under this part, including a choice of law or choice of forum clause, is void. (c) If a…

(a) Franchise agreements are included in the definition of retail agreements in this part. Although all franchise agreements are considered retail agreements, not every retail agreement constitutes a franchise. Where a relationship qualifies as a franchise under part 15 of this c…

This part shall be known and may be cited as the “Tennessee Renewable Fuels Blending Act of 2009.”

(1) As used in this part, unless the context otherwise requires:(1) “Biodiesel” (biodiesel fuel blending stock) means a fuel comprised of mono-alkyl esters of long chain fatty acids meeting the requirements of ASTM D 6751;(2) “Blending Stock” means any liquid compound used for bl…

All refiners, suppliers and permissive suppliers in this state shall make available to wholesalers gasoline or gasoline blending stock that has not been blended with, but is suitable for blending with, ethanol. All refiners, suppliers and permissive suppliers in this state shall …

Any contract or provision between a wholesaler and a refiner, supplier or permissive supplier executed or renewed on or after January 1, 2010, that forbids, limits or restricts a wholesaler's ability to blend petroleum products with ethanol or biodiesel shall be void as against p…

(a) Upon a complaint by a wholesaler and upon investigation by the commissioner of agriculture and after the commissioner determines that a refinery, supplier or permissive supplier in this state is in willful noncompliance with this part, the commissioner of agriculture may asse…

Wholesalers purchasing gasoline, gasoline blending stock or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the commissioner of agriculture. Refiners, suppliers and permissive suppliers shall not be …

This part may be cited as the “Unfair Sales Law.”

(1) As used in this part, unless the context otherwise requires:(1) (A) “Cost to the retailer” means whichever is lower of the following:(i) The purchase price of the product or commodity to the retailer at the retail outlet when the invoice is dated not more than sixty (60) days…

It is declared that advertising, offers to sell, or sales by retailers or wholesalers at less than cost, as defined in this part, with the intent or effect of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor or otherwise injuring a compe…

(1) This part does not apply to sales at retail or sales at wholesale made:(1) In an isolated transaction and not in the usual course of business;(2) Where merchandise is sold in bona fide clearance sales, if advertised, marked and sold as such;(3) Where highly perishable merchan…

(a) Any retailer who, in contravention of the policy of this part, advertises, offers to sell, or sells at retail any merchandise at less than cost to the retailer, as defined in this part, commits a Class C misdemeanor. (b) Any wholesaler who, in contravention of the policy of t…

In addition to the penalties provided in this part, the district attorney general of any county or any person damaged, or who is threatened with loss or damage, by reason of a violation of this part, has the right to apply for an injunction, and any court of competent jurisdictio…

This part shall be known and may be cited as the “Unfair Retailer's Cigarette Sales Law.”

(1) As used in this part, unless the context otherwise requires:(1) “Basic cost of cigarettes” means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purcha…

(a) It is a Class C misdemeanor for any retailer, with intent to injure competitors or destroy substantially or lessen competition, to advertise, offer to sell, or sell at retail, cigarettes at less than cost to the retailer. (b) Evidence of advertisement, offering to sell or sal…

Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this part is declared to be an illegal and void contract and no recovery thereon shall be had.

(a) (1) Any person injured by any violation of this part, or any trade association which is representative of such a person, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation.(2) If, in such action, a violation of this pa…

In all advertisements, offers for sale, or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales involving the giving of any concession of any kind whatsoever (whether coupon…

(a) The department of revenue, through the commissioner, shall administer and enforce this part. (b) (1) For an initial violation or noncompliance with any provision of this part by a retail dealer, a penalty shall be imposed not to exceed two hundred fifty dollars ($250);(2) For…

(1) This part does not apply to sales at retail made where cigarettes are:(1) Advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and the advertising, offer to sell, or sale shall state the reason thereof an…

Participation in a manufacturer's incentive program, discount price program or special price program shall not cause a retailer to be in violation of this part.

(1) As used in this part, unless the context otherwise requires:(1) “Deceptive imitation” means any imitation calculated or likely to deceive purchasers exercising the care ordinarily exercised in buying;(2) “Drug” includes all preparations recognized in the United States Pharmac…

In proceedings for the violation of this part, an act or omission of any individual acting for a partnership, corporation, or association, or the act or omission of an officer or employee of any partnership, corporation, or association within the scope of that person's office or …

(1) It is unlawful for any person without the written authority of the owner of a trademark for a drug to do or be concerned in the doing of any of the following acts:(1) Making or causing to be made, selling, possessing, or using commercially any counterfeit, copy, or deceptive …

It is made the duty of the sheriff of any county of this state or health officers, peace officers, inspectors, or boards of pharmacy and other officers to assist and cooperate with the prosecuting attorney in the investigation of any violation of this part, including the procurem…

Any person violating any of the provisions of this part commits a Class C misdemeanor.

The remedies provided in this part are cumulative and not alternative.

Nothing in this part shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trademark might have had if this part had not been passed.

(1) As used in this part, unless the context otherwise requires:(1) A mark shall be deemed to be “abandoned” when either of the following occurs:(A) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Non…

(1) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:(1) Consists of or comprises immoral, deceptive, or scandalous matter;(2) Consists of or comprises matter which may …

(a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following i…

(a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this part. (b) The applicant shall provide any additional pertinent information requested by the secretary, includ…

(a) (1) Upon compliance by the applicant with the requirements of this part, the secretary shall cause a certificate of registration to be issued and delivered to the applicant.(2) The certificate of registration shall be issued under the signature of the secretary and the seal o…

(a) A registration of mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registratio…

(a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing dul…

The secretary shall keep for public examination a record of all marks registered or renewed under this part, as well as a record of all documents recorded pursuant to § 47-25-507.