Terex Corp. v. Southern Track & Pump, Inc.

VALIHURA, Justice:

A dispute pending before the United States Court of Appeals for the Third Circuit (the “Third Circuit”) turns on the interpretation of Delaware’s Equipment Dealer Contracts Statute, 6 Del. C. § 2720, et seq. (the “Dealer Statute”). To assist the Third Circuit in resolving this dispute, the Third Circuit certified the following question of law to this Court:

Does a supplier’s repurchase obligation under § 2723(a) of the Dealer Statute extend to used inventory or is it limited to “new, unused, undamaged and complete inventory” under § 2723(b)?

As more fully explained below, we…