South Carolina Code
S.C. Code Ann. § 39-59-50 (2026)
Limitations upon repurchase of certain inventory
✓ current as of May 2026
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The provisions of this chapter do not require the repurchase from a retailer of:
(1) Any repair part with a limited storage life or otherwise subject to deterioration, such as gaskets or batteries, but not industrial "press on" or industrial pneumatic tires;
(2) Any single repair part which is priced as a set of two or more items;
(3) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;
(4) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer, or distributor, of clear title, free and clear of all claims, liens, and encumbrances;
(5) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;
(6) Any farm implements, machinery, utility, and industrial equipment, and attachments which are not in new, unused, undamaged, complete condition;
(7) Any repair parts which are not in new, unused, undamaged condition;
(8) Any farm implements, machinery, utility, and industrial equipment, yard, and garden equipment, or attachments which were purchased thirty-six months or more prior to notice of termination of the contract;
(9) Any inventory which was ordered by the retailer on or after the actual receipt of the date of notification of termination of the contract;
(10) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer, or distributor.
HISTORY: 1984 Act No. 326.
(1) Any repair part with a limited storage life or otherwise subject to deterioration, such as gaskets or batteries, but not industrial "press on" or industrial pneumatic tires;
(2) Any single repair part which is priced as a set of two or more items;
(3) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;
(4) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer, or distributor, of clear title, free and clear of all claims, liens, and encumbrances;
(5) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;
(6) Any farm implements, machinery, utility, and industrial equipment, and attachments which are not in new, unused, undamaged, complete condition;
(7) Any repair parts which are not in new, unused, undamaged condition;
(8) Any farm implements, machinery, utility, and industrial equipment, yard, and garden equipment, or attachments which were purchased thirty-six months or more prior to notice of termination of the contract;
(9) Any inventory which was ordered by the retailer on or after the actual receipt of the date of notification of termination of the contract;
(10) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer, or distributor.
HISTORY: 1984 Act No. 326.
Notes of Decisions
Cited in 4
cases, 2015–2015 · leading case: Terex Corp. v. S. Track & Pump, Inc., 117 A.3d 537 (Del. 2015).
Terex Corp. v. S. Track & Pump, Inc., 117 A.3d 537 (Del. 2015). “§ 87-707; S.C.Code Ann. § 39-59-50. Further, certain states have dealer statutes that provide for the repurchase of equipment that has been used by the dealer, used for demonstration or lease; yet these statutes still exclude from the repurchase requirement inventory that is not…”
S. Track & Pump, Inc. v. Terex Corp., 618 F. App'x 99 (3rd Cir. 2015). “§ 87-707; S.C.Code Ann. § 39-59-50. Further, certain states have dealer statutes that provide for the repurchase of equipment that has been used by the dealer, used for demonstration or lease; yet these statutes still exclude from the repurchase requirement inventory that is not…”
Terex Corp. (Del. 2015). “§ 87-707 ; S.C. Code Ann. § 39-59-50 . Further, certain states have dealer statutes that provide for the repurchase of equipment that has been used by the dealer, used for demonstration or lease; yet these statutes still exclude from the repurchase requirement inventory that is…”
Terex Corp. (Del. 2015). “§ 87-707 ; S.C. Code Ann. § 39-59-50 . Further, certain states have dealer statutes that provide for the repurchase of equipment that has been used by the dealer, used for demonstration or lease; yet these statutes still exclude from the repurchase requirement inventory that is…”
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