Tex. Bus. & Com. Code Section 57.303
Equipment Represented as Available for Immediate Delivery


A supplier may not refuse to deliver, in reasonable quantities and within a reasonable time after receipt of a dealer’s order, to any dealer having a dealer agreement for the retail sale of new equipment sold or distributed by the supplier, equipment covered by the dealer agreement and specifically advertised or represented by the supplier as available for immediate delivery, unless the refusal is due to:

(1)

the supplier’s prudent and reasonable restrictions on extensions of credit to the dealer;

(2)

a business decision by the supplier to limit the production volume of the equipment; or

(3)

an act of nature, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the supplier has no control.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.

Source: Section 57.303 — Equipment Represented as Available for Immediate Delivery, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­57.­htm#57.­303 (accessed Mar. 23, 2024).

57.001
Short Title
57.002
Definitions
57.003
Waiver of Chapter Void
57.051
Certain Provisions Void
57.052
Change in Ownership or Financial Structure
57.053
Release of Liability Prohibited
57.101
Transfer of Interest in Dealership by Succession
57.102
Approval of Sale or Transfer of Business at Dealer’s Request
57.103
Approval of Sale or Transfer of Business at Request of Personal Representative
57.151
Applicability of Subchapter
57.152
Termination by Dealer
57.153
Termination by Supplier
57.154
Good Cause Determination
57.155
Notice of Termination
57.201
Applicability of Subchapter
57.202
Termination by Supplier
57.203
Good Cause Determination
57.204
Notice of Termination
57.205
Notice of Termination Not Required Under Certain Circumstances
57.251
Definition of Terminate and Termination
57.252
Applicability of Subchapter
57.253
Warranty Claim
57.254
Resubmission of Warranty Claim
57.255
Payment of Warranty Claim
57.256
Warranty Claim for Certain Repair Work or Installation of Replacement Parts
57.257
Audit of Warranty Claims
57.258
Alternate Reimbursement Terms Enforceable
57.301
Coerced Orders, Deliveries, or Refusals to Purchase
57.302
Conditional Purchases of Goods and Services
57.303
Equipment Represented as Available for Immediate Delivery
57.304
Discrimination in Orders
57.305
Discrimination in Prices of New Equipment
57.351
Definition of Terminate and Termination
57.352
Applicability of Subchapter to Several Business Locations Covered by Same Agreement
57.353
Payments or Credits
57.354
Late Payment or Credit
57.355
Liability
57.356
Construction of Subchapter
57.357
Agreement Terminated by Dealer
57.358
Exceptions
57.401
Civil Action
57.402
Choice of Remedies

Accessed:
Mar. 23, 2024

§ 57.303’s source at texas​.gov