Equipment suppliers would face limits on dealer contract terms and would have to preserve dealers' yearly chance to return eligible surplus repair parts for credit.
Equipment suppliers could not require contract terms that make dealers give up state-law protections, limit disputes to courts outside Nebraska, or require another state's laws for contract disputes.
Dealers could not sign away their yearly chance to return eligible surplus repair parts for credit. Suppliers could not skip that opportunity because most dealers agreed to waive it.
Suppliers would be barred from putting these terms in equipment dealer contracts. The restrictions would cover supplier agreements with equipment dealers under Nebraska's Equipment Business Regulation Act. The protection against waivers covers the Equipment Business Regulation Act and other state laws that apply to dealer agreements. The limits on courts and another state's laws apply to disputes arising under the agreement.
Suppliers would have to offer the annual return opportunity without individual or majority dealer waivers. This requirement would cover equipment suppliers and dealers under Nebraska's surplus repair parts return rules. Returned parts must be new, unused, and bought from the receiving supplier or its predecessor. Obsolete or replaced parts generally do not qualify. Exceptions cover parts on the supplier's current return list and replaced parts not previously covered by a return program. Dealers could still choose to return fewer parts. Suppliers would have to provide the return opportunity at least annually.
No hearings or votes scheduled.