Title 47, Commercial Instruments And Transactions

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.”

(1) As used in this part, unless the context otherwise requires:(1) “All-terrain vehicle” means a motorized vehicle with no less than four (4) nonhighway tires, but no more than six (6) nonhighway tires, that is limited in total dry weight to less than three thousand five hundred…

(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 dealer to comply with requirements imposed upon…

Whenever any dealer enters into a retail agreement with a supplier, evidenced by a written or oral contract, in which the dealer agrees to maintain an inventory of motorcycles, off-road vehicles, and attachments, inventory of parts and to provide service thereon, and the contract…

(1) No supplier shall:(1) Coerce any dealer to accept delivery of inventory, parts or accessories that the dealer 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) Con…

(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…