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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8-21B-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...
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8-21B-8
Section 8-21B-8 Change in management personnel; damaging actions; additional dealership agreements;
recovery of damages. (a) No supplier shall require or prohibit any change in management personnel
of any dealer unless the current or proposed management or personnel fails to meet reasonable
qualifications and standards required by the supplier for its dealers. (b) No supplier shall
engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable
and which causes damage to the dealer. (c) No supplier, without notice to existing dealers,
shall enter into a dealer agreement with another dealer who intends to conduct its dealership
operations from a place of business within the relevant market area of an existing dealer
or dealers representing the same line of heavy equipment. The appointment of a successor dealer
at the same location as its predecessor or within a two-mile radius therefrom within two years
from the date on which its predecessor ceased...
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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...
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28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment
and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this
chapter, a wholesaler with which the supplier has an agreement may maintain a civil action
against the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with
which the wholesaler has an agreement may maintain a civil action against the wholesaler to
recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A
supplier that violates any provision of this chapter shall be liable for all actual damages
and all court costs and, in the court's discretion, reasonable attorney fees incurred by a
wholesaler as a result of that violation. A wholesaler that violates any provision of this
chapter shall be liable for all actual damages and all court costs and, in the...
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28-9-2
Section 28-9-2 Definitions. (a) The following words or phrases, or the plural thereof, whenever
they appear in this chapter, unless the context clearly requires otherwise, shall have the
meanings 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 beer sold by a supplier. (2) ANCILLARY BUSINESS. A business
owned by a wholesaler, by a substantial stockholder of 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 beer 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...
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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...
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45-2-22.11
Section 45-2-22.11 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates any provision of this part shall be liable for all actual damages and all court
costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as
a result of that violation. A wholesaler that violates any provision of this part shall be
liable for all actual damages and all court costs and, in the court's discretion, reasonable
attorney fees incurred by the supplier as a result of that violation. (c)...
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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...
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45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this
part, a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result
of that violation. A wholesaler that violates this part shall be liable for all actual damages
and all court costs and, in the discretion of the court, reasonable attorney fees incurred
by the supplier as a result of that violation. (c) This part imposes upon a...
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