Code of Alabama

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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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8-21B-3
The price the dealer pays to the supplier for heavy equipment and parts, including the freight
costs from the supplier's location to the dealer's location, minus all applicable discounts
allowed by the supplier. (5) PARTS or HEAVY EQUIPMENT PARTS. The parts that the dealer purchased
from the supplier for use on heavy equipment. (6) PERSON. A natural person, partnership, association,
corporation, or other legal entity or a combination of legal entities. The term also includes
heirs, assigns, personal representatives, guardians, and successors in interest. (7)
RELEVANT MARKET AREA. The geographic area for which a dealer is assigned responsibility for
selling or soliciting or advertising the sale or lease of heavy equipment under the terms
of a dealer agreement. (8) SUPPLIER. A person, partnership, corporation, association, or other
form of business enterprise engaged in the manufacture, assembly, or wholesale distribution
of heavy equipment and parts related thereto or any officer or...
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8-21A-1
Section 8-21A-1 Short title. This chapter may be cited as "The Tractor, Lawn and Garden
and Light Industrial Equipment Franchise Act." (Acts 1991, No. 91-721, p. 1401, ยง1.)...

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8-21A-3
Section 8-21A-3 Violations by suppliers generally. It shall be a violation of this chapter
for a supplier to do any of the following: (1) To coerce, compel, or require any dealer to
order or accept delivery of any equipment or parts with special features or accessories not
included in the base list price of such equipment as publicly advertised by the supplier which
the dealer has not voluntarily ordered. (2) To coerce, compel, or require any dealer to enter
into any agreement, whether written or oral, as a supplement to an existing dealer agreement
with such supplier unless such supplemental agreement is imposed on all other dealers in the
state doing business with that same supplier. (3) To discriminate in the delivery of equipment
to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment
dealer's order, if the equipment covered by the dealer agreement was specifically represented
by the supplier to be available for immediate delivery....
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32-1-1.1
any motor vehicle, trailer, or semitrailer, singly or in combination, new or used, constitutes
the commodity being transported, when one set or more of wheels of any such vehicle are on
the roadway during the course of transportation, whether or not any such vehicle furnishes
the motive power. (14) DRIVER. Every person who drives or is in actual physical control of
a vehicle. (15) DRIVER'S LICENSE. Any license to operate a motor vehicle issued under the
laws of this state. (16) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing,
two non-tandem wheeled device designed to transport only one person with an electric propulsion
system with an average power of 750 watts (1 h.p.), that has a maximum speed on a paved level
surface, when powered solely by such a propulsion system while ridden by an operator who weighs
not more than 170 pounds, of less than 20 m.p.h. The term shall not include a motorized bicycle,
motorized scooter, or motorized skateboard. (17) ESSENTIAL PARTS....
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32-12A-1
Section 32-12A-1 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) ALL-TERRAIN VEHICLES (ATV). Every motor vehicle 60 inches or less
in width, having a dry weight of 1,500 pounds or less, designed to travel on three or more
non-highway tires, and manufactured for off-road use by a single operator or by an operator
and not more than one passenger as provided by the manufacturer. (2) OFF-ROAD VEHICLE. Any
motorized vehicle not designed for use on a highway and capable of cross-country travel on
land, snow, ice, marsh, swampland, or other natural terrain. The term includes any all-terrain
vehicle and recreational off-highway vehicle. The term excludes any golf cart; any vehicle
used for military, fire, emergency, or law enforcement purposes; any motorboat; any vehicles
used exclusively on airport property; all farm machinery, farm tractors, and other self-propelled
equipment for harvesting and transportation of forest products, for...
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11-51-90.2
Gross Receipts and/or Flat Rate 443 Electronics and Appliance Stores Electronic and appliance
store, household, radio, television, computer Gross Receipts and/or Flat Rate 444 Building
Material and Gardening Equipment Dealers Building materials, hardware, paint, home center,
wallpaper Gross Receipts and/or Flat Rate 445 Food and Beverage Stores Food and beverage stores,
grocery, convenience, markets, liquor, beer Gross Receipts and/or Flat Rate Where Not State
Regulated 446 Health and Personal Care Stores Health and personal care stores,
drug, cosmetic, optical, health food Gross Receipts and/or Flat Rate 447 Gasoline Stations
Gasoline stations, filling stations Gross Receipts and/or Flat Rate Based on No. of Dispensers
448 Clothing and Accessories Stores Clothing stores, men's, women's, children, infants, shoe,
jewelry, luggage Gross Receipts and/or Flat Rate 451 Sporting Goods, Hobby, Book, Music Sporting
goods stores, hobby, toy, fish, gun, music, books Gross Receipts and/or...
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32-8-2
Section 32-8-2 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) CURRENT ADDRESS. A new address different from the address
shown on the application or on the certificate of title. The owner, within 30 days after the
address is changed from that shown on the application or on the certificate of title, shall
notify the department of the change of address in the manner prescribed by the department.
(2) DEALER. A person licensed as an automobile or motor vehicle dealer, or travel trailer
dealer and engaged regularly in the business of buying, selling, or exchanging motor vehicles,
trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor
vehicles, or travel trailers in this state, and having in this state an established place
of business. (3) DEPARTMENT. The Department of Revenue of this state. (4)...
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40-23-4
sales of materials, equipment, and machinery that, at any time, enter into and become a component
part of ships, vessels, towing vessels or barges, or drilling ships, rigs or barges, or seismic
or geophysical vessels, other watercraft and commercial fishing vessels of over five tons
load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama
Department of Conservation and Natural Resources. Additionally, the gross proceeds from the
sale or sales of lifeboats, personal flotation devices, ring life buoys, survival craft
equipment, distress signals, EPIRB's, fire extinguishers, injury placards, waste management
plans and logs, marine sanitation devices, navigation rulebooks, navigation lights, sound
signals, navigation day shapes, oil placard cards, garbage placards, FCC SSL, stability instructions,
first aid equipment, compasses, anchor and radar reflectors, general alarm systems, bilge
pumps, piping, and discharge and electronic position fixing...
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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...
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