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45-2-41.01
Section 45-2-41.01 Definitions. For purposes of this part, the following terms have
the following meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between
the grantor and the grantee in either the operation of the dealership business or the marketing
of such goods and services. (2) DEALER. A person whose business is the wholesale distribution
of liquid goods for resale and who is a grantee of a dealership agreement for the sale or
distribution of liquid goods at wholesale within Baldwin County. (3) DEALERSHIP AGREEMENT.
An agreement or contract, either express or implied, between two or more persons, by which
a person is granted the right to sell or distribute liquid goods, or use a trade name, trademark,
service mark, logotype, advertising, or other commercial symbol in the sale of liquid goods,
in which there is a community of interest in the business of offering, selling, or distributing
liquid goods at wholesale, retail, by lease, agreement, or otherwise. (4)...
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45-49-41
Section 45-49-41 Definitions. For purposes of this part, the following terms have the
following meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the
grantor and the grantee in either the operation of the dealership business or the marketing
of such goods and services. (2) DEALERSHIP AGREEMENT. An agreement or contract, either express
or implied, between two or more persons, by which a person is granted the right to sell or
distribute liquid goods, or use a trade name, trademark, service mark, logotype, advertising,
or other commercial symbol in the sale of liquid goods, in which there is a community of interest
in the business of offering, selling, or distributing liquid goods at wholesale, retail, by
lease, agreement, or otherwise. (3) GOOD CAUSE. Failure by a dealer to comply substantially
with a provision of the dealership agreement which is both reasonable and of material significance
to the business relationship between the dealer and grantor, provided...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and
be sued in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure.
(3) To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except
as restricted or otherwise provided by the will or by an order of court and subject to the
priorities stated in Section 43-8-76, a personal representative, acting prudently for
the benefit of the interested persons, may properly: (1) Retain assets owned by the decedent
pending distribution or liquidation including those in which the representative is personally
interested or which are otherwise improper for trust investment. (2) Receive assets from fiduciaries,
or other sources. (3) Perform, compromise, or refuse performance of the decedent's contracts
that continue as obligations of the estate, as the personal representative may determine under
the circumstances. In performing enforceable contracts by the decedent to convey or lease
land, the personal representative, among other possible courses of action, may do either of
the following: a. Execute and deliver a deed of conveyance for cash...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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8-21A-2
Section 8-21A-2 Definitions. As used in this chapter, the following terms shall have
the ascribed meanings unless the context indicates a different meaning: (1) CONTINUING COMMERCIAL
RELATIONSHIP. Any relationship in which the equipment dealer has been granted the right to
sell and/or service equipment manufactured by the supplier. (2) COST or NET COST. The actual
price paid by the dealer to the manufacturer, distributor, or wholesaler, plus freight costs
paid by or charged to the dealer. (3) CURRENT NET PRICE. The dealer's price as listed in the
supplier's effective price list and/or catalog. (4) DEALER CONTRACT, DEALER AGREEMENT, or
FRANCHISE. An agreement or contract, expressed or implied, oral or written, by and between
a supplier and a dealer by which the dealer is granted the right to purchase, sell, distribute,
and/or service the supplier's equipment, and in which there is a community of interest in
the marketing of farm tractors, lawn and garden equipment, light industrial...
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45-6-241.20
Section 45-6-241.20 Imposition of excise taxes; monthly report; failure to comply. (a)
For the purposes of this section, the following terms shall have the respective meanings
ascribed by this subsection. (1) COUNTY. Bullock County. (2) COMMISSION. The Bullock County
Commission. (3) GASOLINE. Gasoline, gasohol, naphtha, and other liquid motor fuels or any
device or substitute therefor commonly used in internal combustion engines; provided, that
such term shall not be held to apply to those products known commercially as "kerosene
oil," "fuel oil" or "crude oil" when used for lighting, heating,
or industrial purposes. (4) MOTOR FUEL. Diesel oil, tractor fuel, gas oil, distillate, kerosene,
jet fuel, or any substitutes or devices therefor when sold, distributed, stored, or withdrawn
from storage in any county for use in the operation of any motor vehicle upon the highways
of this state. (5) PERSON. Persons, corporations, copartnerships, companies, agencies, associations,
incorporated or...
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45-6-241
Section 45-6-241 Imposition of excise taxes; monthly report; failure to comply. (a)
For the purposes of this section, the following terms shall have the respective meanings
ascribed by this subsection. (1) COUNTY. Bullock County. (2) COMMISSION. The Bullock County
Commission. (3) GASOLINE. Gasoline, gasohol, naphtha, and other liquid motor fuels or any
device or substitute therefor commonly used in internal combustion engines; provided, that
such term shall not be held to apply to those products known commercially as "kerosene
oil," "fuel oil" or "crude oil" when used for lighting, heating,
or industrial purposes. (4) MOTOR FUEL. Diesel oil, tractor fuel, gas oil, distillate, kerosene,
jet fuel, or any substitutes or devices therefor when sold, distributed, stored, or withdrawn
from storage in any county for use in the operation of any motor vehicle upon the highways
of this state. (5) PERSON. Persons, corporations, copartnerships, companies, agencies, associations,
incorporated or...
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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...
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8-20-5
Section 8-20-5 Limitations on cancellations, modifications, terminations, and nonrenewals
of franchise relationships. (a) Notwithstanding the terms, provisions, or conditions of any
agreement or franchise or notwithstanding the terms or provisions of any waiver, no manufacturer
shall cancel, terminate, modify, fail to renew, or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer unless the manufacturer has: (1) Satisfied the notice
requirement of this section. (2) Acted in good faith as defined in this chapter. (3)
Has good cause for the cancellation, termination, modification, nonrenewal, or noncontinuance.
(b) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or
the terms or provisions of any waiver, good cause shall exist for the purposes of a termination,
cancellation, modification, nonrenewal, or noncontinuance when: (1) There is a failure by
the new motor vehicle dealer to comply with a provision of the franchise...
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