|
28-9-9
Section 28-9-9 Waiver of rights; good faith dispute settlements. A wholesaler may not waive
any of the rights granted in any provision of this chapter and the provisions of any agreement
which would have such an effect shall be null and void. Nothing in this chapter shall be construed
to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
(Acts 1988, No. 88-80, p. 87, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-9.htm - 719 bytes - Match Info - Similar pages
45-2-22.09
Section 45-2-22.09 Waiver of rights; voluntary settlements. A wholesaler may not waive any
of the rights granted in any provision of this part and the provisions of any agreement which
would have such an effect shall be null and void. Nothing in this part shall be construed
to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
(Act 2004-420, p. 708, §10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.09.htm - 705 bytes - Match Info - Similar pages
45-37-21.10
Section 45-37-21.10 Waiver of rights; dispute settlements. A wholesaler may not waive any of
the rights granted in this part and the provisions of any agreement which would have such
an effect shall be null and void. Nothing in this part shall be construed to limit or prohibit
good faith dispute settlements voluntarily entered into by the parties. (Act 2013-346, p.
1230, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.10.htm - 689 bytes - Match Info - Similar pages
45-49-23.08
Section 45-49-23.08 Waiver of rights; voluntary settlements. A wholesaler may not waive any
of the rights granted in this part and the provisions of any agreement which would have such
an effect shall be null and void. Nothing in this part shall be construed to limit or prohibit
good faith dispute settlements voluntarily entered into by the parties. (Act 93-483, p. 764,
§ 10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.08.htm - 690 bytes - Match Info - Similar pages
28-9-6
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice; good
cause. (a) Notwithstanding any agreement and except as otherwise provided for in this chapter,
a supplier shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement;
or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the
supplier has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c) of this section. (2) Has acted in good faith. (3) Has good cause for the
amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced
resignation. (b) For each amendment, modification, termination, cancellation, nonrenewal,
or discontinuance, the supplier shall have the burden of proving that it has acted in good
faith, that the notice requirements under this section have been complied with, and that there
was good cause for the amendment, modification, termination,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-6.htm - 8K - Match Info - Similar pages
28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment
and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this
chapter, a wholesaler with which the supplier has an agreement may maintain a civil action
against the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with
which the wholesaler has an agreement may maintain a civil action against the wholesaler to
recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A
supplier that violates any provision of this chapter shall be liable for all actual damages
and all court costs and, in the court's discretion, reasonable attorney fees incurred by a
wholesaler as a result of that violation. A wholesaler that violates any provision of this
chapter shall be liable for all actual damages and all court costs and, in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-11.htm - 3K - Match Info - Similar pages
8-20-3
Section 8-20-3 Definitions. For the purpose of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) COERCE. The failure to act in good faith in performing
or complying with any term or provision of the franchise or dealer agreement, except that
recommendation, persuasion, urging, or argument shall not be deemed to constitute a lack of
good faith. (2) DEALER AGREEMENT or FRANCHISE. The written contract between any new motor
vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights
and liabilities of the parties to such agreement or contract, and pursuant to which the dealer
purchases and resells the franchise product or leases or rents the dealership premises. (3)
DISTRIBUTOR or WHOLESALER. A person, whether a resident or a nonresident, other than a manufacturer,
who sells or distributes motor vehicles to motor vehicle dealers or who...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-3.htm - 5K - Match Info - Similar pages
22-8-7
Section 22-8-7 Effect of minor's consent; liability of physicians, etc.; waiver of rights or
causes of action. (a) The consent of a minor who professes to be, but is not, a minor whose
consent alone is effective to medical, dental, health or mental health services shall be deemed
effective without the consent of the minor's parent or legal guardian if the physician or
other person relied in good faith upon the presentations of the minor. (b) Any physician or
other person who has relied in good faith upon the representations of any persons under any
of the provisions of this chapter or who acts in good faith under any of the provisions of
this chapter shall not be liable for not having consent. (c) No provision of this chapter
shall be interpreted to empower any minor, mental incompetent or any other person who is not
otherwise by law entitled to enter into a binding agreement to, expressly or impliedly, waive
any right or cause of action arising by virtue of any treatment or procedure...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-8-7.htm - 1K - Match Info - Similar pages
8-21B-8
Section 8-21B-8 Change in management personnel; damaging actions; additional dealership agreements;
recovery of damages. (a) No supplier shall require or prohibit any change in management personnel
of any dealer unless the current or proposed management or personnel fails to meet reasonable
qualifications and standards required by the supplier for its dealers. (b) No supplier shall
engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable
and which causes damage to the dealer. (c) No supplier, without notice to existing dealers,
shall enter into a dealer agreement with another dealer who intends to conduct its dealership
operations from a place of business within the relevant market area of an existing dealer
or dealers representing the same line of heavy equipment. The appointment of a successor dealer
at the same location as its predecessor or within a two-mile radius therefrom within two years
from the date on which its predecessor ceased...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-8.htm - 4K - Match Info - Similar pages
28-9-4
Section 28-9-4 Prohibited acts - Suppliers. A supplier is prohibited from doing the following:
(1) Fail to provide each wholesaler of the supplier's brand or brands with a written agreement
which contains in total the supplier's agreement with each wholesaler, and designates a specific
exclusive sales territory. Any agreement which is in existence on March 3, 1988, shall be
renewed consistent with this chapter; provided, that this chapter may be incorporated by reference
in the agreement. Provided, however, nothing contained herein shall prevent a supplier from
appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily service
a sales territory not designated to another wholesaler, until such time as a wholesaler is
appointed by the supplier; and such wholesaler who is designated to service the sales territory
during this period of temporary service shall not be in violation of the chapter, and, with
respect to the temporary service territory, shall not have...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-4.htm - 6K - Match Info - Similar pages
|