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8-21A-10
Section 8-21A-10 Warranty agreement on new equipment; warranty claims. (a) Every supplier shall
provide a fair and reasonable warranty agreement on any new equipment which it sells and shall
fairly compensate each of its dealers for parts and labor used in fulfilling the warranty
agreement. All claims for paying under the warranty agreement made by dealers hereunder for
parts and labor shall be paid within 30 days following their approval by supplier. All claims
shall be either approved or disapproved within 60 days after their receipt by supplier. Upon
disapproval of any claim submitted by the dealer, and within the time periods set forth in
this section, the dealer shall be notified in writing of disapproval, along with specific
reasons for the disapproval and curative steps required. (b) All warranty work performed by
the dealer under this section shall be compensated in accordance with the reasonable and customary
amount of time required to complete the work, expressed in hours and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-10.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-7.1.htm - 4K - Match Info - Similar pages
8-21B-11
Section 8-21B-11 Indemnification. Each supplier shall indemnify and hold harmless its dealers
against any damages, expenses, and losses including, but not limited to, court costs and reasonable
attorneys' fees incurred by the dealer arising out of complaints, claims, or lawsuits including,
but not limited to, strict liability, negligence, misrepresentation, warranty, express or
implied, or rescission of the sale where the complaint, claim, or lawsuit relates to either
of the following: (1) The manufacture, assembly, or design of heavy equipment, parts, or accessories
by the supplier. (2) Other functions by the supplier beyond the control of the dealer including,
without limitation, the selection by the supplier of parts or components for the heavy equipment.
(Act 2009-755, p. 2279, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-11.htm - 1K - 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
8-21A-6
Section 8-21A-6 Supplier's duties to dealers - Agreements to maintain inventory; supplier's
duty to repurchase inventory, etc. upon termination of agreement; transfer of title and right
of possession; continuing security interest; items not covered; civil liability of supplier;
remedies. (a) Whenever any dealer enters into a dealer agreement with a supplier wherein the
dealer agrees to maintain an inventory of equipment and/or repair parts and the dealer agreement
is subsequently terminated or not renewed, whether by either party or mutual consent of both,
the supplier shall repurchase the inventory as provided in this section. Further, supplier
shall repurchase at its fair market value or assume the lease responsibilities of any specific
data processing hardware and/or software that the supplier required the dealer to purchase
to satisfy the minimum requirements of the dealer agreement and repurchase at 75 percent of
the current net price any merchandising tools, accessories, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-6.htm - 5K - Match Info - Similar pages
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, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-11.htm - 1K - Match Info - Similar pages
8-21B-12
Section 8-21B-12 Repurchase of items by supplier. Upon voluntary or involuntary termination,
nonrenewal, or discontinuance of the dealer agreement by the dealer or supplier, the supplier
shall repurchase from the dealer the following: (1) All heavy equipment which has been acquired
from the supplier within three years prior to the date of notice of the termination, nonrenewal,
or discontinuance of the dealer agreement and which has not previously been sold by the dealer.
The heavy equipment shall be repurchased at the net cost to the dealer. The heavy equipment
shall be delivered to the supplier at the dealer's premises. (2) All parts acquired by the
dealer from the supplier, or its approved sources, within seven years prior to the date of
notice of termination, nonrenewal, or discontinuance. The supplier shall repurchase the parts
at the net cost to the dealer. The parts shall be delivered to the supplier at the dealer's
premises. (3) Specialized repair tools, signage, books, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-12.htm - 2K - Match Info - Similar pages
8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-5.htm - 12K - Match Info - Similar pages
8-21A-5
Section 8-21A-5 Supplier's duties to dealers - Provision of repair parts; return of surplus
parts. (a) Every supplier shall provide for the availability of repair parts throughout the
reasonable useful life of any equipment sold by the supplier or dealer. (b) Every supplier
shall give written notice to and provide to its dealers, on at least an annual basis, an opportunity
to return a portion of dealer's surplus parts inventory for credit. This surplus procedure
shall be administered as follows: (1) The supplier must notify its equipment dealers of a
time period, in no event less than 90 days' duration, during which time equipment dealers
may submit their surplus parts lists and return their surplus parts to the supplier. (2) Pursuant
to this subdivision, a supplier must allow surplus parts return authority on a dollar value
of parts equal to 10 percent of the total dollar value of parts purchased on stock order by
the dealer from the supplier during the twelve month period immediately...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-5.htm - 4K - Match Info - Similar pages
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