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40-23-260
Section 40-23-260 Program established; definitions; informational reports; Wholesale and Distributor
Reporting Advisory Group. (a) This article shall establish the Wholesale to Retail Accountability
Program or "WRAP". (b) For the purpose of this article, the following words shall
have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) LICENSED
BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama Alcoholic Beverage Control
Board, selling or distributing beer or wine in this state. (3) PERSON. Any individual, firm,
partnership, association, corporation, limited liability company, receiver, trustee, or any
other entity. (4) RETAILER. A person or group of persons that have a relationship with each
other as defined in Section 267(b) of the federal Internal Revenue Code whose primary business
is the sale of tangible personal property at retail, including supporting operations such
as warehousing, shipping, and storage of product, and who holds a...
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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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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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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...
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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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8-20A-1
Section 8-20A-1 Definitions. As used in this chapter, the following terms shall have the respective
meanings as indicated: (1) CONSUMER. The purchaser, other than for purposes of resale, of
a new or previously untitled motor vehicle used in substantial part for personal, family,
or household purposes, and any other person entitled by the terms of such warranty to enforce
the obligations of the warranty. (2) MOTOR VEHICLE. Every vehicle intended primarily for use
and operation on the public highways which is self-propelled; provided, however, that the
term "motor vehicle" shall not apply to motor homes or to any motor vehicle having
a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more. (3) MANUFACTURER.
The person, firm, or corporation engaged in the business of manufacturing, importing and/or
distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.
(4) MOTOR VEHICLE DEALER or AUTHORIZED DEALER. The person, firm, or corporation...
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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...
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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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8-21A-11
Section 8-21A-11 Supplier to indemnify dealer against claims relating to manufacture, assembly,
or design beyond dealer's control. The supplier will fully indemnify and hold harmless its
dealer against any losses, including but not limited to: court costs, reasonable attorney's
fees, any damages arising out of complaints, claims or lawsuits including, but not limited
to, strict liability, negligence, misrepresentation, warranty either express or implied, or
recession of the sale where the complaint, claim or lawsuit relates to the manufacture, assembly,
or design of new items covered by this chapter, parts, or accessories, or other matters relating
to the manufacturer, beyond the control of the dealer. (Acts 1991, No. 91-721, p. 1401, ยง11.)...
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