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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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32-17-1
Section 32-17-1 Compensation by manufacturer, etc., for work performed by dealer or representative.
No manufacturer of motor vehicles, distributor, distributor branch or factory branch or officer,
agent or other representative thereof shall fail to compensate adequately and fairly its dealer
or representative for labor, parts or expenses incurred by the dealer or representative with
regard to factory warranty agreements performed by the dealer or representative. In no event
shall said manufacturer of motor vehicles, distributor, distributor branch or factory branch
pay to its dealer or representative a labor rate per hour for warranty work less than that
charged by said dealer or representative to its retail customer. Conversely, no franchised
dealer or representative shall charge its manufacturer, distributor, distributor branch or
factory branch a labor rate per hour in excess of the rate charged its retail customers. (Acts
1971, No. 2053, p. 3304, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-17-1.htm - 1K - Match Info - Similar pages
8-20-9
Section 8-20-9 Transportation damages. (a) Notwithstanding the terms, provisions, or conditions
of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to
new motor vehicles occurring after acceptance of the new motor vehicle from the carrier and
before delivery to the ultimate purchaser. (b) Notwithstanding the terms, provisions, or conditions
of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles
occurring before delivery to a carrier or transporter. If a new motor vehicle dealer determines
the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle
to the carrier. In every other instance, the risk of loss remains with the manufacturer until
such time as the new motor vehicle dealer or his designee accepts the vehicle from the carrier.
(c) With respect to new or used vehicles sold or otherwise transferred by the manufacturer
to a new motor vehicle dealer, the manufacturer shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-9.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-3.htm - 2K - Match Info - Similar pages
32-17-2
Section 32-17-2 Penalty. Any manufacturer of motor vehicles, distributor, distributor branch
or factory branch or officer, agent or other representative thereof, or any dealer or representative
of the same, who shall violate any provision of this chapter shall be guilty of a misdemeanor
and shall be fined a sum not less than $10.00 nor more than $500.00 for each such violation.
(Acts 1971, No. 2053, p. 3304, §2.)...
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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
8-20A-2
Section 8-20A-2 Obligations of manufacturer. (a) If a new motor vehicle does not conform to
any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer,
its agent, or its authorized dealer, and gives notice of the nonconforming condition during
the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make
such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition
thereof. Such repairs shall be required even after the expiration of the lemon law rights
period provided that notice of the nonconforming condition was first given during the lemon
law rights period and provided further that the manufacturer's obligation to repair the nonconforming
condition shall not extend beyond the period of 24 months following delivery of the vehicle
or 24,000 miles, whichever occurs first. (b) If, after reasonable attempts, the manufacturer,
its agent, or its authorized dealer is unable to conform the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20A-2.htm - 4K - Match Info - Similar pages
8-20-14
Section 8-20-14 Applicability of chapter. This chapter shall apply to all franchise or dealer
agreements in force and effect on March 9, 2010, and to all franchise or dealer agreements,
amendments, and renewals to dealer agreements made after March 9, 2010. The Motor Vehicle
Franchise Act and Act 2010-198, shall supersede and control all provisions of any franchise
or dealer agreement inconsistent with Act 2010-198 or the Motor Vehicle Franchise Act. Act
2010-198 and the Motor Vehicle Franchise Act shall not be modified or superseded by a choice
of law clause in any franchise or dealer agreement, waiver, or other written instrument. These
provisions shall apply to all written agreements between a manufacturer and dealer including,
but not limited to, the franchise offering, the franchise agreement, sales of goods, services
or advertising, leases or deeds of trust of real or personal property, promises to pay, security
interests, pledges, insurance contracts, advertising contracts,...
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8-20-13
Section 8-20-13 Procedure, protection, and remedies available to motor vehicle distributors.
All procedures, protections, and remedies afforded to a motor vehicle dealer under Sections
8-20-1 through 8-20-12 of this chapter shall be available to a motor vehicle distributor whose
distributor agreement is terminated, canceled, not renewed, modified or replaced by a manufacturer
or an importer. (Acts 1991, No. 91-567, p. 1048, §1.)...
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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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