Title 47, Commercial Instruments And Transactions

(a) To the extent such use is protected by the First Amendment to the United States Constitution, it is deemed a fair use and not a violation of an individual's right, for purposes of this part, if the use of a name, photograph, voice, or likeness is:(1) In connection with any ne…

This part applies to any individual otherwise entitled to the protection afforded under part 5 of this chapter.

Any person who, directly or indirectly, enters into a conspiracy or agreement with intent to limit the output of coal in this state, for the purpose of raising the price to the consumer, or to any intermediate dealer, or who enters into any conspiracy or agreement, directly or in…

(a) It is unlawful for any person, firm, or corporation, or any association or combination of corporations, firms, or persons, engaged in the business of buying, gathering, or accumulating information or news, or vending, supplying, distributing, or publishing information or news…

(1) As used in this part, unless the context otherwise requires:(1) “Contract for invention development services” includes a contract by which an invention developer undertakes to develop or promote an invention for a customer;(2) “Customer” includes any person, firm, corporation…

No invention developer shall make, or authorize the making of, any reference to compliance by it with this part in any advertisement.

Every invention developer who charges a fee or requires any consideration for invention development services must clearly and conspicuously disclose such fact in every advertisement of such services.

(1) In the first oral communication with a customer or in the first written response to an inquiry by a customer, other than an oral communication or written response, the primary purpose of which is to arrange an appointment with the invention developer for presentation of inven…

(a) Every contract for invention development services shall be in writing and shall be subject to this part. A copy of the written contract shall be given to the customer at the time the customer signs the contract. (b) If one (1) or more subsequent contracts are contemplated by …

(a) (1) Notwithstanding any contractual provision to the contrary, the invention developer and the customer shall each have the right to cancel a contract for invention development services for any reason at any time within seven (7) days of the date the invention developer and t…

(1) Every contract for invention development services shall set forth in at least ten (10) point boldface type, or equivalent size if handwritten, all of the following:(1) The terms and conditions of payment required by § 47-25-1206;(2) A full and detailed description of the acts…

Each and every contract for invention development services shall carry a distinctive and conspicuous cover sheet with the following notice (and no other) imprinted thereon in boldface type of not less than ten (10) point size:“The following disclosures are required by law:You hav…

No invention developer shall acquire any interest, partial or whole, in the title to the customer's invention, unless the invention developer contracts to manufacture the invention and acquires such interest for such purpose at or about the time the contract for manufacture is ex…

No contract for invention development services shall require or entail the execution of any note or series of notes by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the invention…

Any contract for invention development services which does not comply with the applicable provisions of this part shall be void and unenforceable as contrary to public policy; provided, that no contract shall be void and unenforceable if the invention developer proves that noncom…

Any contract for invention development services entered into in reliance upon any willful and false, fraudulent, or misleading representation by the invention developer is void and unenforceable.

Any waiver by the customer of the provisions of this part is deemed contrary to public policy and is void and unenforceable.

Failure to make the disclosures required by this part shall render any contract subsequently entered into between the customer and the invention developer voidable by the customer.

With respect to each and every contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract, at quarterly intervals throughout the term of the contract, a written statement of the services performed to…

Any assignee of the invention developer's rights is subject to all equities and defenses of the customer against the invention developer existing in favor of the customer at the time of the assignment.

(a) (1) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety company admitted to do business in this state.(2) The principal sum of the bond shall be five percent (5%) of the invention deve…

(1) In lieu of furnishing the bond required by § 47-25-1217, the invention developer may deposit with the secretary of state a cash deposit in the like amount. This cash deposit may be satisfied by any of the following:(1) Certificates of deposit payable to the secretary of state…

Every invention developer shall maintain all records and correspondence relating to performance of each invention development service contract for a period of not less than three (3) years after expiration of the term of each such contract.

This part is not exclusive and does not relieve the parties or the contract subject thereto from compliance with all other applicable law.

(a) Any person who has been injured by a violation of this part by an invention developer, or by any false or fraudulent statement, representation, or omission of material fact by an invention developer, or by failure of an invention developer to make all the disclosures required…

(a) Any invention developer who willfully violates any provision of this part, or willfully enters an invention development contract which omits any duty or disclosure required by this part, commits a Class C misdemeanor. (b) Any circuit or chancery court of this state has jurisd…

(1) As used in this part, unless the context otherwise requires:(1) “Current model” means a model listed in the wholesaler's, manufacturer's or distributor's current sales manual or any supplements thereto;(2) “Current net price” means the price listed in the supplier's price lis…

(a) No supplier, directly or through an officer, agent or employee, may terminate, cancel, fail to renew or substantially change the competitive circumstances of a retail agreement without good cause. “Good cause” means failure by a retailer to comply with requirements imposed up…

Whenever any retailer enters into an agreement, evidenced by a written or oral contract, with a supplier wherein the retailer agrees to maintain an inventory of parts and to provide service and the contract is terminated, then the supplier shall repurchase the inventory as provid…

(1) No supplier shall:(1) Coerce any retailer to accept delivery of equipment, parts or accessories which the retailer has not ordered voluntarily, except as required by any applicable law, or unless parts or accessories are safety parts or accessories required by the supplier;(2…

The supplier shall repurchase that inventory previously purchased from such supplier and held by the retailer on the date of termination of the contract. The supplier shall pay one hundred percent (100%) of the current net price of all new, unsold, undamaged and complete farm imp…

Upon payment of the repurchase amount to the retailer, 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 retailer's reserve account for recourse, retail…

(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…