Title 47, Commercial Instruments And Transactions

(1) This part shall not require the repurchase from a retailer of:(1) Any repair part which, because of its condition, is not resalable as a new part;(2) Any inventory which the retailer desires to keep; provided, that the retailer has a contractual right to do so;(3) Any farm im…

If any supplier fails or refuses to repurchase and pay the retailer for any inventory covered under this part within sixty (60) days after shipment of such inventory, such 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 retailer or the majority stockholder of a corporation operating as a retailer, the supplier shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the retailer or majority stockholder as if the supplier h…

This part shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, and any repurchase hereunder shall not be subject to the bulk sales law. The retailer and supplier shall furnish representatives to inspect al…

(a) A retailer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of this part, and may recover damages sustained as a consequence of the supplier's violations together with all costs and attorneys…

This part shall apply to all contracts and shall apply to all retail agreements in effect which have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after May 16, 1977. This part shall a…

(a) This part shall not be waivable in any contract, and any such attempted waiver shall be null and void. (b) If any provision or item of this part or the application thereof is held invalid, it shall not affect other provisions, items or applications of this part which can be g…

Part 15 of this chapter does not apply to retailers, as defined in this part.

(a) As used in this section, unless the context otherwise requires:(1) “Customer” means any individual or entity who causes or caused a molder to:(A) Fabricate, cast, or otherwise make a die, mold, or form; or(B) Use a die, mold, or form to manufacture, assemble, or otherwise mak…

It is the intent of the general assembly that small businesses operating within Tennessee pursuant to franchise agreements should be provided uniform rights and procedures to prevent arbitrary and capricious business practices by franchisors seeking to terminate or modify their f…

(1) As used in this part, unless the context otherwise requires:(1) “Franchise” means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic withi…

(a) Except as otherwise provided by this part, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause asserted in good faith, nor may a franchisor terminate a franchise prior to the expiration of its term without providing written notic…

(1) If, during the period in which the franchise is in effect, any of the following events occurs, which event is relevant to the franchise, immediate notice of termination without an opportunity to cure shall be deemed reasonable:(1) The franchisee or the business to which the f…

(1) No franchisor may fail to renew a franchise unless such franchisor provides the franchisee at least sixty (60) days' prior written notice of its intention not to renew, such failure to renew is for good cause, and the franchisor has provided written notice of the facts and ci…

(1) Notwithstanding § 47-25-1502(4), the following circumstances shall not be deemed to constitute “good cause”:(1) Failure of a franchisee to meet a quota of sales or purchases, whether such quota is expressed as a goal, a quota or otherwise;(2) The desire of the franchisor to c…

(a) A franchisee may not waive any of the rights granted in any provision of this part, and the provisions of any agreement which would have such an effect shall be null and void. (b) Nothing in this part shall be construed to limit or prohibit good faith dispute settlements volu…

(a) Upon giving the franchisor written notice of intent to transfer the franchisee's business, any individual owning or deceased individual who owned an interest in a franchise may transfer or assign the franchisee's business to the spouse, child, grandchild, parent, brother or s…

Notwithstanding the terms of any franchise, agreement, waiver or other written instrument, any person who is injured by a violation of this part may bring an action for damages and equitable relief, including injunctive relief, reasonable attorney's fees and costs in any court of…

No franchisee may prospectively assent to a release, assignment, novation, waiver or estoppel which would relieve any person from any liability or obligation under this part, or would require any controversy between a franchisor or franchisee to be referred to any person other th…

(a) This part is remedial and is supplementary to any other law of this state which provides rights and protections to franchisees. (b) Any state law or regulation which provides procedural or substantive protection to any party to a franchise agreement prior to termination or no…

(a) As used in this part, unless the context otherwise requires:(1) “Manufacturer's or distributor's representative” means a person who has on the person's person and available for public inspection written proof that such person is authorized by the manufacturer or distributor f…

(a) Every new and unused property merchant shall maintain receipts for the acquisition of new and unused property which must contain all of the following information:(1) The date of the transaction on which the property was acquired;(2) The name and address of the person, corpora…

The record of each purchase transaction provided for in this part shall be maintained for a period of not less than two (2) years.

(1) It is an offense for any new and unused property merchant required to maintain receipts under this part to knowingly:(1) Falsify, obliterate or destroy such receipts;(2) Refuse or fail, upon the request of a law enforcement officer, to make such receipts available for inspect…

(a) (1) For the first violation of § 47-25-1602, the violator shall be issued a warning and informed of the penalty for any subsequent violations.(2) A second and subsequent violation of § 47-25-1602 is a Class C misdemeanor punishable by fine only. (1) For the first violation of…

This part shall apply to all new and unused property purchased or acquired on or after January 1, 1999, which is sold, or to be sold, at a wholesale/retail outlet in this state.

(a) No person shall knowingly sell or offer for sale at a wholesale/retail outlet any food manufactured and packaged for sale for consumption by a child under two (2) years of age, over-the counter drug or medication, or cosmetic which has an expiration date, and such date has ex…

(1) This part shall not apply to:(1) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state;(2) The sale of agricultural products, forestry products or food products, other than food as defined as new …

This part shall be known and may be cited as “The Uniform Trade Secrets Act.”

(1) As used in this part, unless the context requires otherwise:(1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or limit use, or espionage through electronic or other means;(2) “Misappropriation” mean…

(a) Actual or threatened misappropriation may be enjoined. Upon application to the court an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in appropriate circumstances for r…

(a) In addition to or in lieu of the relief provided by § 47-25-1703, a complainant is entitled to recover damages for misappropriation except to the extent that defendant can show a material and prejudicial change of position prior to acquiring knowledge or reason to know of mis…

(1) If:(1) A claim of misappropriation is made in bad faith,(2) A motion to terminate an injunction is made or resisted in bad faith, or(3) Willful and malicious misappropriation exists,the court may award reasonable attorney's fees to the prevailing party. (1) A claim of misappr…

In an action under this part, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any …

An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation by any person constitutes a sin…

(a) Except as provided in subsection (b), this part displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. (b) This part does not affect:(1) Contractual remedies, whether or not based upon misapprop…

This part shall be applied and construed to effectuate its general purpose to make consistent the law with respect to the subject of this act among states enacting it.

The terms “inventory”, “retailer”, and “supplier” shall have the same meaning as provided in § 47-25-1301.

(a) Claims by a retailer for payment under warranty agreements pertaining to inventory shall either be approved or disapproved within thirty (30) days of receipt by the supplier. All approved claims shall be paid within thirty (30) days of their approval. When any such claim is d…

If, after termination of a contract, the retailer submits a claim to the supplier for warranty work performed prior to the effective date of the termination, the supplier shall accept or reject the claim within thirty (30) days of its receipt.

Warranty work performed by a retailer shall be compensated in accordance with the reasonable and customary amount of time required to complete such work, expressed in hours and fractions thereof multiplied by the retailer's established customer hourly retail labor rate, which sha…

Expenses expressly excluded under the supplier's warranty to the customer shall not be included or required to be paid on requests for compensation from the retailer for warranty work performed.

All parts used by the retailer in performing such warranty work shall be paid to the retailer in the amount equal to the retailer's net price for such parts, plus a minimum of fifteen percent (15%). This addition is to reimburse the retailer for reasonable costs of doing business…

The supplier has the right to adjust for errors discovered during audit and, if necessary, to adjust claims paid in error.

The retailer shall have the right to accept the supplier's reimbursement terms and conditions in lieu of the provisions of this part.

This part shall be known and may be cited as the “Motorcycle and Off-Road Vehicle Dealer Fairness Act.”