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8-21C-3
Section 8-21C-3 Manufacturer and dealer agreement - Required for sales by manufacturer
or distributor. (a)(1) After September 30, 2011, a manufacturer or distributor may not sell
a recreational vehicle in this state to or through a dealer without having first entered into
a manufacturer and dealer agreement with the dealer which has been signed by both parties.
(2) A dealer may not sell a new recreational vehicle in this state without having first entered
into a manufacturer and dealer agreement with a manufacturer or distributor which has been
signed by both parties. (b) The manufacturer or distributor shall designate the area of sales
responsibility exclusively assigned to a dealer in the manufacturer and dealer agreement.
Except as provided in subsection (c), the manufacturer or distributor may not review or change
the area of sales responsibility without the consent of both parties or contract with another
dealer for the sale of the same line-make in the designated area until at...
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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...
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8-21C-2
Section 8-21C-2 Definitions. As used in this chapter, the following words shall have
the following meanings: (1) AREA OF SALES RESPONSIBILITY. The geographical area, agreed to
by the dealer and the manufacturer or the distributor or in the manufacturer and dealer agreement,
within which the dealer has the exclusive right to display or sell new recreational vehicles
of a particular line-make of the manufacturer or distributor to the retail public. (2) CAMPING
TRAILER. A vehicular unit that is mounted on wheels and constructed with collapsible partial
side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary
living quarters for recreational, camping, or travel use. (3) DEALER. Any person, firm, corporation,
or business engaged in the business of selling recreational vehicles to the general public
and that maintains a permanent business establishment including a service and repair facility
which offers mechanical services for the recreational...
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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
8-21C-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...
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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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8-21C-9
Section 8-21C-9 Notification of pre-delivery damage. (a) Whenever a new recreational
vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when
the carrier or means of transportation has been selected by the manufacturer or distributor,
the dealer shall notify the manufacturer or distributor of the damage within the time frame
specified in the manufacturer and dealer agreement and shall do either of the following: (1)
Request from the manufacturer or distributor authorization to replace the components, parts,
and accessories damaged or otherwise correct the damage. (2) Reject the vehicle within the
time frame set forth in subsection (d). (b) If the manufacturer or distributor refuses or
fails to authorize repair of the damage within 10 days after receipt of notification, or if
the dealer rejects the recreational vehicle because of damage, ownership of the new recreational
vehicle shall revert to the manufacturer or distributor. (c) The dealer shall...
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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...
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8-21C-1
Section 8-21C-1 Legislative intent; applicability. (a) It is the intent of the Legislature
to protect the public health, safety, and welfare of the residents of the state by regulating
the relationship between recreational vehicle dealers, manufacturers, and distributors, by
maintaining competition, and by providing consumer protection and fair trade. (b) This chapter
applies to manufacturer and dealer agreements entered into on or after October 1, 2011. (c)
Chapter 20 of Title 8, shall not apply to any recreational vehicle manufacturer and dealer
agreement to which this chapter applies. This chapter does not otherwise amend or affect Chapter
20 of Title 8. (Act 2011-636, p. 1529, ยง1.)...
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40-12-395
Section 40-12-395 License - Supplemental licenses; off-site sales. (a) A person licensed
under this article shall obtain a supplemental license for each additional place of business,
in a manner as prescribed by the commissioner and upon payment of an additional application
fee of five dollars ($5) for each additional location. The signage and other requirements
of Section 40-12-392 shall apply to each additional place of business. Only one licensed
dealer shall operate at the same place of business. (b) Notwithstanding the requirement that
sales of new and used motor vehicles shall be made only from the permanent location of the
new or used motor vehicle dealer, such dealers may conduct sales of new and used motor vehicles
from locations off-site of their permanent locations on the following conditions: (1) The
off-site sales events shall not exceed three per dealer per license year with each sale not
to exceed 10 consecutive calendar days in duration. Off-site sales of new motor...
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