37Termination by supplier of agreement mentioned in paragraph 32(11)(c)

37 Termination by supplier of agreement mentioned in paragraph 32(11)(c)

(1) This clause applies if: (a) paragraph 32(11)(c) applies to a fuel re‑selling agreement; and (b) the fuel re‑selling agreement does not specify a minimum duration for the agreement; and (c) the supplier intends to terminate the fuel re‑selling agreement. (2) The supplier must: (a) give the retailer at least 30 days’ notice that the supplier intends to terminate the fuel re‑selling agreement; and (b) offer to buy, or nominate a purchaser of, a reasonable quantity of saleable stocks of motor fuel supplied by the supplier to the retailer, at a price: (i) that is agreed between the supplier and the retailer; or (ii) if the supplier and the retailer are unable to agree on a price—that is determined by a valuer agreed to by the supplier and the retailer; and (c) offer to buy, or nominate a purchaser of, a reasonable quantity of saleable stocks of merchandise which the retailer has obtained under the supplier’s franchise or operational specifications (if any), or obtained with the supplier’s approval during the term of the fuel re‑selling agreement, at a price: (i) that is agreed between the supplier and the retailer; or (ii) if the supplier and the retailer are unable to agree on a price—that is determined by a valuer agreed to by the supplier and the retailer; and (d) offer to buy, or nominate a purchaser of, equipment which the retailer has obtained under the supplier’s business or operational specifications (if any), or obtained with the supplier’s approval during the term of the fuel re‑selling agreement for use in the fuel re‑selling business, at a price: (i) that is agreed between the supplier and the retailer; or (ii) if the supplier and the retailer are unable to agree on a price—that is determined by a valuer agreed to by the supplier and the retailer, in accordance with valuation principles disclosed to the retailer before the equipment was obtained. (3) Subject to any agreement with the supplier, the retailer must use reasonable efforts to sell the stock and equipment mentioned in paragraphs (2)(b), (c) and (d). (4) Part 4 applies to a dispute about compensation arising from the termination of a fuel re‑selling agreement under this clause.