No used or secondhand trucks or road machinery shall be purchased for the county, nor shall any purchase be made or any contract of sale or lease-sale or for the leasing, renting, or hiring of any vehicles or other equipment be entered into unless the contractor certifies that the sale price or the hire or rental fee, as the case may be, charged Marshall County will not exceed the like charge made by him or her to other counties for like equipment, or its use, during the year in which the contract with Marshall County is made. If any such seller or lessor, during such period sells or leases any like equipment to another county, then Marshall County shall be entitled to be reimbursed the difference between the price it paid for such equipment or its use and the lowest charge made to another county by such seller or lessor for like equipment or its use; and in addition thereto to punitive damages in the sum of one thousand dollars ($1,000), all of which may be recovered by the county in a proper action at law. Any dealer or seller who sells trucks, tractors, or any road building machinery or equipment to Marshall County representing the same to be new, when, in fact, it is used or secondhand equipment shall be guilty of fraud, and, in addition to being subject to the penalty prescribed therefor by law, shall also be liable to the county for any damages caused by delays in work because of the fact that such trucks, tractors, or other machinery or equipment was not new and shall also reimburse the county for the whole or any part of the purchase price paid by the county therefor. If there is a balance due on the purchase price when the fraud is discovered the county shall not be liable for the payment thereof, and may retain such truck, tractor, or other machinery and equipment until it is reimbursed the part of the purchase price theretofore paid and reimbursed for the damages for which such seller or dealer is liable under this section because of the fraud.
Last modified: May 3, 2021