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6-5-521
Section 6-5-521 "Product liability action" defined. (a) A "product liability
action" means any action brought by a natural person for personal injury, death, or property
damage caused by the manufacture, construction, design, formula, preparation, assembly, installation,
testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product
when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation,
(3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's liability
doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty,
or (6) breach of any oral express warranty and no other. A product liability action does not
include an action for contribution or indemnity. (b) No product liability action may be asserted
or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer,
or seller of a product, or against an individual or business entity...
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6-5-501
Section 6-5-501 Definitions. The following definitions are applicable in this division: (1)
ORIGINAL SELLER. Any person, firm, corporation, association, partnership, or other legal or
business entity, which in the course of business or as an incident to business, sells or otherwise
distributes a manufactured product (a) prior to or (b) at the time the manufactured product
is first put to use by any person or business entity who did not acquire the manufactured
product for either resale or other distribution in its unused condition or for incorporation
as a component part in a manufactured product which is to be sold or otherwise distributed
in its unused condition. (2) PRODUCT LIABILITY ACTION. Any action brought by a natural person
for personal injury, death, or property damage caused by the manufacture, construction, design,
formula, preparation, assembly, installation, testing, warnings, instructions, marketing,
packaging, or labeling of a manufactured product when such action is...
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8-20-7.1
Section 8-20-7.1 Compensation of dealers for recall repairs. (a) For the purposes of this section,
the following words have the following meanings: (1) MANUFACTURER. A manufacturer, distributor
or wholesaler, factory branch, or distributor branch. (2) STOP-SALE ORDER. A notification
issued by a manufacturer to its franchised new motor vehicle dealers stating that certain
used vehicles in inventory shall not be sold or leased, at either retail or wholesale, due
to a federal safety recall for a defect or a noncompliance, or a federal emissions recall.
(b) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts
required by the manufacturer to perform recall repairs. Compensation for recall repairs shall
be reasonable. If parts or a remedy are not reasonably available to perform a recall service
or repair on a used vehicle held for sale by a dealer authorized to sell and service new vehicles
of the same line-make within 30 days of the manufacturer issuing the...
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6-12-3
Section 6-12-3 Election between settlement and escrow fund. (a) Any tobacco product manufacturer
selling cigarettes to consumers within the state, whether directly or through a distributor,
retailer, or similar intermediary or intermediaries, after June 9, 1999, shall do one of the
following: (1) Become a participating manufacturer, as that term is defined in Section II(jj)
of the Master Settlement Agreement, and generally perform its financial obligations under
the Master Settlement Agreement. (2) a. Place into a qualified escrow fund, by April 15 of
the year following the year in question, the following amounts, as such amounts are adjusted
for inflation: 1999: $.0094241 per unit sold after June 9, 1999; 2000: $.0104712 per unit
sold; For each of 2001 and 2002: $.0136125 per unit sold; For each of 2003 through 2006: $.0167539
per unit sold; For each of 2007 and each year thereafter: $.0188482 per unit sold. b. A tobacco
product manufacturer that places funds into escrow pursuant to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-12-3.htm - 5K - Match Info - Similar pages
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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2-15-133
Section 2-15-133 Bonds or bond equivalents; financial statements and reports; liability for
payments. (a) No license as required under Section 2-15-132 shall be issued or renewed until
the applicant therefor shall make, execute, and thereafter maintain on file with the commissioner
a bond or a bond equivalent as provided in subsection (f) in favor of the State of Alabama
or a trustee to be approved by the commissioner to secure the performance of obligations incurred
in the State of Alabama and the payment thereof to persons from whom such dealer purchases
livestock. Except as otherwise provided in this subsection, the amount of each bond shall
be not less than the next multiple of two thousand dollars ($2,000) above the average amount
of purchases of livestock purchased either as a dealer or on an agency basis in Alabama during
a period equivalent to two business days based on the total number of business days and the
total amount of such transactions during the preceding 12 months or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-15-133.htm - 8K - Match Info - Similar pages
8-17-211
Section 8-17-211 Permit for manufacture, sale, etc., of fireworks or pyrotechnics for use before
a proximate audience; record of sales; enforcement. (a) It shall be unlawful for any person
to manufacture, sell, offer for sale, or ship or cause to be shipped into or within the State
of Alabama, except as herein provided, any item of fireworks or pyrotechnics for use before
a proximate audience, without first having secured the required applicable permit, as a manufacturer,
distributor, wholesaler, retailer, or seasonal retailer, from the State Fire Marshal. Possession
of a permit is a condition prerequisite to manufacturing, selling, or offering for sale, or
shipping or causing to be shipped any fireworks or pyrotechnics for use before a proximate
audience into or within the State of Alabama, except as herein provided. This provision applies
to nonresidents as well as residents of the State of Alabama. Mail orders where consumers
purchase any fireworks or pyrotechnics for use before a...
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28-9-7
Section 28-9-7 Transfer of wholesaler's business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or to any other
person who meets the nondiscriminatory, material and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-7.htm - 3K - Match Info - Similar pages
34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms shall have
the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement,
license, security, or other muniment conferring on the purchaser the rights, benefits, and
obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission.
(5) COMMISSIONER. A member of the Alabama Real Estate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-50.htm - 7K - Match Info - Similar pages
45-2-22.07
Section 45-2-22.07 Transfer of wholesaler business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or any other
person who meets the nondiscriminatory, material, and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
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