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Texas Business & Commerce Code - Section 19.24. Late Delivery Of Back-Ordered Seasonal Demand Item

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 19.24. Late Delivery Of Back-Ordered Seasonal Demand Item

§ 19.24. LATE DELIVERY OF BACK-ORDERED SEASONAL DEMAND ITEM. (a) Unless the supplier notifies a dealer of the status of a back-ordered item before its actual shipment to the dealer, a dealer may reject the delivery of an item of equipment other than a part or attachment from a supplier if: (1) the item has special value in a particular time of year because of predictable seasonable demand and is less marketable and less valuable after the seasonal demand period ends; (2) the item was back-ordered and delivery is made after the seasonal demand period ends; and (3) the dealer sends written notice of the rejection to the supplier before the 11th day after the delivery of the item. (b) The supplier shall pay the costs of the return of an item the delivery of which is rejected under Subsection (a) of this section. (c) A supplier may not coerce or compel a dealer to accept late delivery of back-ordered seasonal demand equipment other than parts or attachments. Added by Acts 1991, 72nd Leg., ch. 119, § 1, eff. May 19, 1991.

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Last modified: August 10, 2007