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28-9-10
Section 28-9-10 Application, transferee of wholesaler's business; successor of supplier's business.
(a) This chapter shall apply to agreements in existence on March 3, 1988, as well as agreements
entered into or renewed after March 3, 1988. (b) A transferee of a wholesaler that continues
in business as a wholesaler shall have the benefit of and be bound by all terms and conditions
of the agreement with the supplier in effect on the date of the transfer; provided, however,
a transfer of a wholesaler's business which requires supplier's consent or approval but is
disapproved by the supplier shall be null and void. (c) A successor to a supplier that continues
in business as a supplier shall be bound by all terms and conditions of each agreement of
the supplier in effect on the date of succession. (Acts 1988, No. 88-80, p. 87, ยง10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-10.htm - 1K - Match Info - Similar pages
45-2-22.02
Section 45-2-22.02 Definitions. (a) The following words or phrases, or the plural thereof,
whenever they appear in this part, unless the context clearly requires otherwise, shall have
the meaning ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler
and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase
and sell a brand or brands of wine sold by a supplier. (2) ANCILLARY BUSINESS. A business
owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of
which is directly related to the transporting, storing, or marketing of the brand or brands
of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a
wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler
which recycles empty beverage containers. (3) DESIGNATED MEMBER. The spouse, child, grandchild,
parent, brother, or sister of a deceased individual who owned an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.02.htm - 4K - Match Info - Similar pages
45-37-21.03
Section 45-37-21.03 Definitions. (a) The following words or phrases, or the plural thereof,
whenever they appear in this part, unless the context clearly requires otherwise, shall have
the meaning ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler
and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase
and sell a brand or brands of wine sold by a supplier. (2) ANCILLARY BUSINESS. A business
owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of
which is directly related to the transporting, storing, or marketing of the brand or brands
of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a
wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler
which recycles empty beverage containers. (3) DESIGNATED MEMBER. The spouse, child, grandchild,
parent, brother, or sister of a deceased individual who owned an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.03.htm - 4K - Match Info - Similar pages
45-49-23.01
Section 45-49-23.01 Definitions. (a) The following words or phrases, or the plural thereof,
whenever they appear in this part, unless the context clearly requires otherwise, shall have
the meaning ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler
and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase
and sell a brand or brands of wine sold by a supplier. (2) ANCILLARY BUSINESS. A business
owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of
which is directly related to the transporting, storing, or marketing of the brand or brands
of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a
wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler
which recycles empty beverage containers. (3) DESIGNATED MEMBER. The spouse, child, grandchild,
parent, brother, or sister of a deceased individual who owned an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.01.htm - 4K - Match Info - Similar pages
8-21B-6
Section 8-21B-6 Consent to transfers. (a) No supplier shall unreasonably withhold or delay
consent to any transfer of the dealer's business or dealer agreement or transfer of the stock
or other interest in the dealership whenever the transferee meets the material and reasonable
qualifications and standards of the supplier required in appointing its dealers. Should a
supplier determine that a proposed transferee does not meet its qualifications and standards,
it shall give the dealer written notice thereof, stating the specific reasons for withholding
consent. No prospective transferee shall be disqualified to be a dealer because it is a publicly
held corporation. A supplier shall have 45 days to consider a dealer's request to make a transfer
under this subsection. (b) In any dispute as to whether a supplier has denied consent in violation
of this section, the supplier shall have the burden of proving a substantial and reasonable
justification for the denial of consent. (Act 2009-755,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-6.htm - 1K - Match Info - Similar pages
28-9-5
Section 28-9-5 Prohibited acts - Wholesalers. A wholesaler is prohibited from doing the following:
(1) Fail to devote reasonable efforts and resources, within supplier's designated sales territory,
to the sale and distribution of all the supplier's brands of beer which the wholesaler has
been granted the right to sell or distribute. (2) Sell or deliver beer to a retail licensee
located outside the sales territory designated to the wholesaler by the supplier of a particular
brand or brands of beer. Provided, however, during periods of temporary service interruptions
impacting a particular sales territory, a wholesaler who normally services the impacted sales
territory shall file with the board and give to the affected supplier written notice designating
the specific licensed wholesaler or wholesalers, not disapproved by the supplier, who will
service the sales territory during the period of temporary service interruption and the approximate
length of time of the service interruption....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-5.htm - 2K - Match Info - Similar pages
8-21B-5
Section 8-21B-5 Amendment, termination, etc., of dealer agreement - Notice. (a) Except as provided
in subsection (d), a supplier shall provide a dealer at least 120 days' prior written notice
of any intention to amend, terminate, or decline to renew any dealer agreement. The notice
shall state all of the reasons for the intended amendment, termination, or nonrenewal. (b)
Where such reason or reasons for amendment, termination, or nonrenewal relate to a condition
or conditions which may be rectified by action of the dealer, the dealer shall have 90 days
from the date of notice from the supplier in which to take such action and, within such 90-day
period, shall give written notice to the supplier if and when such action is taken. If the
condition or conditions have been rectified by the dealer, then the proposed amendment, termination,
or nonrenewal shall be void and without legal effect. However, where the supplier contends
that action on the part of the dealer has not rectified one or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-5.htm - 2K - Match Info - Similar pages
8-21A-10
Section 8-21A-10 Warranty agreement on new equipment; warranty claims. (a) Every supplier shall
provide a fair and reasonable warranty agreement on any new equipment which it sells and shall
fairly compensate each of its dealers for parts and labor used in fulfilling the warranty
agreement. All claims for paying under the warranty agreement made by dealers hereunder for
parts and labor shall be paid within 30 days following their approval by supplier. All claims
shall be either approved or disapproved within 60 days after their receipt by supplier. Upon
disapproval of any claim submitted by the dealer, and within the time periods set forth in
this section, the dealer shall be notified in writing of disapproval, along with specific
reasons for the disapproval and curative steps required. (b) All warranty work performed by
the dealer under this section shall be compensated in accordance with the reasonable and customary
amount of time required to complete the work, expressed in hours and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-10.htm - 3K - Match Info - Similar pages
8-21A-6
Section 8-21A-6 Supplier's duties to dealers - Agreements to maintain inventory; supplier's
duty to repurchase inventory, etc. upon termination of agreement; transfer of title and right
of possession; continuing security interest; items not covered; civil liability of supplier;
remedies. (a) Whenever any dealer enters into a dealer agreement with a supplier wherein the
dealer agrees to maintain an inventory of equipment and/or repair parts and the dealer agreement
is subsequently terminated or not renewed, whether by either party or mutual consent of both,
the supplier shall repurchase the inventory as provided in this section. Further, supplier
shall repurchase at its fair market value or assume the lease responsibilities of any specific
data processing hardware and/or software that the supplier required the dealer to purchase
to satisfy the minimum requirements of the dealer agreement and repurchase at 75 percent of
the current net price any merchandising tools, accessories, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-6.htm - 5K - Match Info - Similar pages
8-21A-5
Section 8-21A-5 Supplier's duties to dealers - Provision of repair parts; return of surplus
parts. (a) Every supplier shall provide for the availability of repair parts throughout the
reasonable useful life of any equipment sold by the supplier or dealer. (b) Every supplier
shall give written notice to and provide to its dealers, on at least an annual basis, an opportunity
to return a portion of dealer's surplus parts inventory for credit. This surplus procedure
shall be administered as follows: (1) The supplier must notify its equipment dealers of a
time period, in no event less than 90 days' duration, during which time equipment dealers
may submit their surplus parts lists and return their surplus parts to the supplier. (2) Pursuant
to this subdivision, a supplier must allow surplus parts return authority on a dollar value
of parts equal to 10 percent of the total dollar value of parts purchased on stock order by
the dealer from the supplier during the twelve month period immediately...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-5.htm - 4K - Match Info - Similar pages
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