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45-2-41.05
Section 45-2-41.05 Repurchase of inventory. If a dealership agreement is terminated by a grantor,
the grantor, at the option of the dealer, shall repurchase all inventories sold by the grantor
to the dealer for resale under the dealership agreement at the fair wholesale market value.
This section applies only to merchandise with a name, trademark, label, or other mark on it
which identifies the grantor. (Act 2008-462, p. 897, §6.)...
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45-49-41.04
Section 45-49-41.04 Repurchase of inventory. If a dealership agreement is terminated by a grantor,
the grantor, at the option of the dealer, shall repurchase all inventories sold by the grantor
to the dealer for resale under the dealership agreement at the fair wholesale market value.
This section applies only to merchandise with a name, trademark, label, or other mark on it
which identifies the grantor. (Act 2008-461, p. 894, § 6.)...
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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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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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
8-21C-5
Section 8-21C-5 Manufacturer and dealer agreement - Actions upon failure to cure deficiencies.
(a) If the manufacturer and dealer agreement is terminated, canceled, or not renewed by the
manufacturer or distributor without cause as defined in subsection (b) of Section 8-21C-4
or if the dealer terminates or cancels the manufacturer and dealer agreement for cause as
defined in subsection (f) of Section 8-21C-4, and the manufacturer or distributor fails to
cure the claimed deficiencies within the time provided in Section 8-21C-4, the manufacturer
or distributor, at the election of the dealer and within 45 days after termination, cancellation,
or nonrenewal, shall do all of the following: (1) Repurchase all new, untitled recreational
vehicles that were acquired and delivered to the dealership from the manufacturer or distributor
within 12 months before the effective date of the notice of termination, cancellation, or
nonrenewal that have not been used, except for demonstration purposes,...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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45-2-41.03
Section 45-2-41.03 Termination, modification, etc., of dealership agreement - Good cause required.
No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail
to renew, or amend or modify a dealership agreement without good cause. The burden of proving
good cause is on the grantor. (Act 2008-462, p. 897, §4.)...
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45-2-41.04
Section 45-2-41.04 Termination, modification, etc., of dealership agreement - Notice. Provided
good cause exists for the purposes of an amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of a dealership agreement, a grantor shall provide a dealer
at least 90 days' prior written notice of the amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of the dealership agreement. The notice shall state all of the
reasons for the amendment or modification, termination, cancellation, nonrenewal, or discontinuance
of a dealership agreement and shall provide that the dealer has 90 days in which to rectify
any claimed deficiency. If the deficiency is rectified within 90 days the notice shall be
void. (Act 2008-462, p. 897, §5.)...
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45-49-41.02
Section 45-49-41.02 Termination, modification, etc., of dealership agreement - Good cause required.
No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail
to renew, or amend or modify a dealership agreement without good cause. The burden of proving
good cause is on the grantor. (Act 2008-461, p. 894, § 4.)...
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