- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 45. Trade Practices
- Section 710. Disposition of Merchandise Remaining Upon Contract Termination.
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AS 45.45.710. Disposition of Merchandise Remaining Upon Contract Termination.
- (a) If a dealer maintains a stock of merchandise supplied for the dealer's resale under a distributorship agreement and if
the distributor or the dealer terminates the distributorship agreement, the distributor shall, unless the dealer
chooses to keep the merchandise, pay the dealer for the merchandise that was purchased from the distributor and that is
held by the dealer on the date of the termination an amount equal to
- (1) the fair market value for merchandise that is unused and for which the retailer has paid the distributor, plus 100
percent of the transportation charges paid by the dealer to return the merchandise to the distributor; in this
- (A) "fair market value" means the amount the distributor would realize from the sale of the merchandise to another
retailer using reasonable good faith efforts;
- (B) "unused" means unopened merchandise that is still in the original factory packaging or container;
- (2) 85 percent of the current net price, as listed in the current price list or catalog of the distributor, for repair
parts, including superseded parts; and
- (3) five percent of the current net price of repair parts to cover the handling, packing, and transportation of the repair
parts back to the distributor.
- (b) Upon payment of the amounts required by (a) of this section, the title to the merchandise passes to the distributor
making the payment, and the distributor is entitled to the possession of the merchandise for which the payment was
- (c) In (a) of this section, if a repair part is not listed in a current price list or catalog of the distributor, the
current net price is the higher of the fair market value or the latest price published by the distributor for the
repair part if a dealer has actual proof of the purchase of the repair part from the distributor and if the repair part
was purchased within 10 years before the termination.
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