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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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8-20-7
Section 8-20-7 Warranty obligations to dealers. (a) Every manufacturer, distributor,
or wholesaler, factory branch, factory representative, distributor branch, or distributor
representative shall specify in writing to each of its motor vehicle dealers the dealer's
obligation for warranty service on its products, shall compensate the motor vehicle dealer
for warranty service required of the dealer by the manufacturer, distributor, or wholesaler,
factory branch, factory representative, distributor branch, or distributor representative
and shall provide the dealer the schedule of compensation to be paid such dealer for parts,
work, and service in connection with warranty services, and the time allowance for the performance
of such work and service. (b) In no event shall such schedule of compensation fail to include
reasonable compensation for diagnostic work, service, labor, and parts. Time allowances for
the diagnosis and performance of warranty work and service shall be reasonable and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-7.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-3.htm - 5K - 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
8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor,
or warrantor injured by another party's violation of this chapter may bring a civil action
in circuit court to recover actual damages. The court shall award attorney's fees and costs
to the prevailing party in such an action. Venue for any civil action authorized by this section
shall be exclusively in the county in which the dealer's business is located. In an action
involving more than one dealer, venue may be in any county in which any dealer that is party
to the action is located. (b)(1) Prior to bringing suit under this section, the party
bringing suit for an alleged violation shall serve a written demand for mediation upon the
offending party. a. The demand for mediation shall be served upon the other party via certified
mail at the address stated within the manufacturer and dealer agreement between the parties.
b. The demand for mediation shall contain a brief statement of the dispute and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-11.htm - 3K - 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
6-12A-3
Section 6-12A-3 Tobacco product manufacturer certification; directory; stamping, sale,
or import of cigarettes not in directory. (a) Certification. Every tobacco product manufacturer
whose cigarettes are sold in this state whether directly or through a distributor, retailer,
or similar intermediary or intermediaries shall execute and deliver on a form prescribed by
the commissioner, a certification to the commissioner no later than the thirtieth day of April
each year, certifying that, as of the date of the certification, the tobacco product manufacturer
either: Is a participating manufacturer or is in full compliance with Section 6-12-3,
including all quarterly installment payments required by subsection (e) of Section
6-12A-5. (1) Each participating manufacturer shall include in its certification a list of
its brand families. The participating manufacturer shall update its list 30 days prior to
any addition or modification to its brand families by executing and delivering a...
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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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-8-2.htm - 9K - Match Info - Similar pages
6-12A-5
Section 6-12A-5 Reporting to commissioner; disclosure; escrow fund. (a) Reporting by
wholesalers and distributors. Not later than 20 days after the end of each month, and more
frequently if so directed by the commissioner, each wholesaler and distributor shall submit
all the information the commissioner requires to facilitate compliance with this chapter,
including, but not limited to, a list by brand family of the total number of cigarettes or
in the case of roll your own, the equivalent stick count for which the wholesalers and distributors
affixed stamps during the previous month or otherwise paid the tax due for any cigarettes.
The wholesaler or distributor shall maintain, and make available to the commissioner, all
invoices and documentation of sales of all non-participating manufacturer cigarettes and any
other information relied upon in reporting to the commissioner for a period of five years.
(b) Disclosure of information. Notwithstanding any other law or rule, including...
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