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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-5.htm - 13K - Match Info - Similar pages
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-4
Section 8-21C-4 Manufacturer and dealer agreement - Termination, cancellation, etc.
(a) A manufacturer or distributor, directly or through any authorized officer, agent, or employee,
may terminate, cancel, or fail to renew a manufacturer and dealer agreement with or without
cause. If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer
and dealer agreement without cause, the manufacturer or distributor shall comply with Section
8-21C-5. If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer
and dealer agreement with cause, Section 8-21C-5 does not apply. (b) A manufacturer
or distributor has the burden of showing cause for terminating, canceling, or failing to renew
a manufacturer and dealer agreement with a dealer. For purposes of determining whether there
is cause for the proposed action, any of the following factors may be considered: (1) The
extent of the affected dealer's penetration in the area of sales...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-4.htm - 6K - Match Info - Similar pages
8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales
contract, etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as
provided in subsection (d), notwithstanding any dealer agreement, sales contract, franchise
agreement, or other agreement by and between dealer and supplier except where grounds for
termination or nonrenewal of a dealer's agreement or a change in his or her competitive position
are contained in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier
shall give a dealer at least 90 days' written notice of the supplier's intent to terminate,
cancel, or not renew a dealer agreement or change the dealer's competitive circumstances.
The notice shall state all reasons relied upon by supplier to show good cause for the action
and shall provide the dealer with a reasonable time in which to correct any claimed deficiency
with a minimum of at least six months. Once mutually agreeable steps have been...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-4.htm - 6K - 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
8-20-8
Section 8-20-8 Warranty obligations of manufacturers and dealers to consumers. Every
manufacturer and new motor vehicle dealer shall fulfill the terms of any express or implied
warranty concerning the sale of a new motor vehicle to the public of the line make which is
the subject of a contract or franchise agreement between the parties. If it is determined
by a court of competent jurisdiction that either the manufacturer or new motor vehicle dealer,
or both, have violated an express or implied warranty, the court shall add to any award or
relief granted an additional award for reasonable attorney's fees. (Acts 1981, No. 81-390,
p. 596, ยง8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-8.htm - 954 bytes - Match Info - Similar pages
32-1-1.1
Section 32-1-1.1 Definitions. The following words and phrases when used in this title,
for the purpose of this title, shall have meanings respectively ascribed to them in this section,
except when the context otherwise requires: (1) ALLEY. A street or highway intended to provide
access to the rear or side of lots or buildings in urban districts and not intended for the
purpose of through vehicular traffic. (2) ARTERIAL STREET. Any United States or state numbered
route, controlled-access highway, or other major radial or circumferential street or highway
designated by local authorities within their respective jurisdictions as part of a major arterial
system of streets or highways. (3) AUTHORIZED EMERGENCY VEHICLE. Such fire department vehicles,
police vehicles, and ambulances as are publicly owned, and such other publicly or privately
owned vehicles as are designated by the Secretary of the Alabama State Law Enforcement Agency
or the chief of police of an incorporated city. (4) BICYCLE....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-1-1.1.htm - 22K - Match Info - Similar pages
40-17-350
Section 40-17-350 Transportation of motor fuel; inspections. (a) Each person operating
a refinery or terminal in Alabama shall prepare and provide to the driver of every highway
vehicle receiving motor fuel at the facility a shipping document setting out on its face the
destination state as represented to the terminal operator by the shipper or the shipper's
agent. Failure to comply with this subsection may result in a department imposed penalty of
not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), to
be multiplied by the sum of the current violation plus prior violations of this subsection.
(b) Every person transporting motor fuel in Alabama in a highway vehicle other than in its
supply tank shall carry on board a shipping document issued by the facility where the motor
fuel was obtained. The shipping document shall set out on its face the state of destination
of the motor fuel transported in the highway vehicle. Violation of this subsection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-350.htm - 14K - Match Info - Similar pages
8-20-9
Section 8-20-9 Transportation damages. (a) Notwithstanding the terms, provisions, or
conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for
damages to new motor vehicles occurring after acceptance of the new motor vehicle from the
carrier and before delivery to the ultimate purchaser. (b) Notwithstanding the terms, provisions,
or conditions of any agreement or franchise, the manufacturer is liable for all damages to
motor vehicles occurring before delivery to a carrier or transporter. If a new motor vehicle
dealer determines the method of transportation, the risk of loss passes to the dealer upon
delivery of the vehicle to the carrier. In every other instance, the risk of loss remains
with the manufacturer until such time as the new motor vehicle dealer or his designee accepts
the vehicle from the carrier. (c) With respect to new or used vehicles sold or otherwise transferred
by the manufacturer to a new motor vehicle dealer, the manufacturer shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-9.htm - 1K - Match Info - Similar pages
40-12-264
Section 40-12-264 Time limit for purchase of tags or plates; dealer plates; manufacturer
plates. (a) Any person, including a motor vehicle dealer, acquiring a new or used motor vehicle
may be granted a grace period of 20 calendar days from date of acquisition to procure a license
tag or plate. (b) Notwithstanding Section 32-6-65, a new or used motor vehicle dealer
who has a current regulatory license required under this article and a dealer license as required
by Section 40-12-51 or Section 40-12-169 may purchase dealer license plates
from the department upon presentation of the current licenses and payment of the fee for a
private passenger automobile as provided in subdivision (1) of subsection (a) of Section
40-12-242 and subsection (a) of Section 40-12-273 per dealer plate. An additional two
dollar ($2) issuance fee shall also be collected by the department. A new or used motor vehicle
dealer that has a current regulatory license required under this article and a dealer license
as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-264.htm - 10K - Match Info - Similar pages
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