Tennessee Code Annotated
Tenn. Code Ann. § 47-25-1304 (2026)
Prohibited supplier actions
✓ current as of May 2026
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) Condition the sale of additional equipment to a retailer upon a requirement that the retailer also purchase other goods or services, except that a supplier may require the retailer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area;
- (3) Coerce a retailer into refusing to purchase equipment manufactured by another supplier; or
- (4) Terminate, cancel or fail to renew or substantially change the competitive circumstances of the retail agreement based on the results of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute or other similar circumstances beyond the retailer's control.
Acts 1999, ch. 193, § 5.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2004–2024 · leading case: NACCO Materials Handling Grp., Inc. v. Toyota Materials Handling USA, Inc., 366 F. Supp. 2d 597 (W.D. Tenn. 2004).
NACCO Materials Handling Grp., Inc. v. Toyota Materials Handling USA, Inc., 366 F. Supp. 2d 597 (W.D. Tenn. 2004). “” Tenn.Code Ann. § 47-25-1304. “Any contractual term restricting the procedural or substantive rights of a retailer under this part, including a choice of law or choice of forum clause, is void.”
Wirtgen Am., Inc. v. Hayden-Murphy Equip. Co. (M.D. Tenn. 2024). “) Counterclaim 4 states the same general theory of liability pursuant to the corresponding Tennessee statute regarding circumstances beyond a retailer’s control, Tenn. Code Ann. § 47-25-1304 (4). (Id. ¶¶ 98– 104.”
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