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8-21B-6
Section 8-21B-6 Consent to transfers. (a) No supplier shall unreasonably withhold or delay
consent to any transfer of the dealer's business or dealer agreement or transfer of the stock
or other interest in the dealership whenever the transferee meets the material and reasonable
qualifications and standards of the supplier required in appointing its dealers. Should a
supplier determine that a proposed transferee does not meet its qualifications and standards,
it shall give the dealer written notice thereof, stating the specific reasons for withholding
consent. No prospective transferee shall be disqualified to be a dealer because it is a publicly
held corporation. A supplier shall have 45 days to consider a dealer's request to make a transfer
under this subsection. (b) In any dispute as to whether a supplier has denied consent in violation
of this section, the supplier shall have the burden of proving a substantial and reasonable
justification for the denial of consent. (Act 2009-755,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-6.htm - 1K - Match Info - Similar pages
8-21A-7
Section 8-21A-7 Supplier's duties to dealers - Death or incapacity of dealer or majority stockholder
of corporation acting as dealer; inventory repurchase; applicability of rights and remedies.
(a) In the event of the death or incapacity of the dealer or majority stockholder of a corporation
operating as an equipment dealer, the supplier shall, at the option of the heirs at law, if
dealer died intestate, or the executor or executrix under the terms of deceased dealer's will,
if dealer died testate, repurchase the inventory from the estate the same as if the supplier
had terminated the dealer agreement with good cause. The inventory repurchase provisions of
Section 8-21A-6 are made expressly applicable hereto. The heirs or executor shall have nine
months from the date of death of the dealer or majority stockholder to exercise the option
hereunder. Nothing in this chapter shall require the repurchase of deceased dealer's inventory
if the heirs or the executor and supplier subsequently...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-7.htm - 2K - 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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8-21A-2
Section 8-21A-2 Definitions. As used in this chapter, the following terms shall have the ascribed
meanings unless the context indicates a different meaning: (1) CONTINUING COMMERCIAL RELATIONSHIP.
Any relationship in which the equipment dealer has been granted the right to sell and/or service
equipment manufactured by the supplier. (2) COST or NET COST. The actual price paid by the
dealer to the manufacturer, distributor, or wholesaler, plus freight costs paid by or charged
to the dealer. (3) CURRENT NET PRICE. The dealer's price as listed in the supplier's effective
price list and/or catalog. (4) DEALER CONTRACT, DEALER AGREEMENT, or FRANCHISE. An agreement
or contract, expressed or implied, oral or written, by and between a supplier and a dealer
by which the dealer is granted the right to purchase, sell, distribute, and/or service the
supplier's equipment, and in which there is a community of interest in the marketing of farm
tractors, lawn and garden equipment, light industrial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-2.htm - 4K - Match Info - Similar pages
32-17A-1
Section 32-17A-1 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings respectively ascribed to them, unless the context clearly indicates
otherwise: (1) AFTERMARKET CRASH PART. A replacement for any of the nonmechanical sheet metal
or plastic parts which generally constitute the exterior of a motor vehicle, including inner
and outer panels. (2) INSTALLER. An individual who performs the work of replacing or repairing
parts of a motor vehicle. (3) INSURER. Includes an insurance company and any person authorized
to represent the insurer with respect to a claim and who is acting within the scope of the
person's authority. (4) NONORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET CRASH PART. An aftermarket
crash part made by any manufacturer other than the original vehicle manufacturer or his or
her supplier. (5) REPAIR FACILITY. A motor vehicle dealer, garage, body shop, or other commercial
entity which undertakes the repair or replacement of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-17A-1.htm - 1K - Match Info - Similar pages
40-18-376
Section 40-18-376 Investment credit; realization methods; regulations. (a) If provided for
in the project agreement, the incentivized company is allowed an investment credit in an annual
amount equal to 1.5 percent of the capital investment incurred as of the beginning of the
incentive period, to be used as follows: (1) To offset the income taxes found in this chapter,
or as an estimated tax payment of income taxes; (2) To offset the financial institution excise
tax found in Chapter 16; (3) To offset the insurance premium tax levied by Section 27-4A-3(a),
or as an estimated payment of insurance premium tax; (4) To offset utility taxes; or (5) To
offset some combination of the foregoing, so long as the same credit is used only once. The
incentive period shall begin no earlier than the placed-in-service date. The incentive period
shall be 10 years. Should only some portion of a tax year be included in the incentive period,
the amount of the investment credit shall be prorated on a daily...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-376.htm - 7K - Match Info - Similar pages
8-20-8
Section 8-20-8 Warranty obligations of manufacturers and dealers to consumers. Every manufacturer
and new motor vehicle dealer shall fulfill the terms of any express or implied warranty concerning
the sale of a new motor vehicle to the public of the line make which is the subject of a contract
or franchise agreement between the parties. If it is determined by a court of competent jurisdiction
that either the manufacturer or new motor vehicle dealer, or both, have violated an express
or implied warranty, the court shall add to any award or relief granted an additional award
for reasonable attorney's fees. (Acts 1981, No. 81-390, p. 596, ยง8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-8.htm - 954 bytes - Match Info - Similar pages
28-9-6
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice; good
cause. (a) Notwithstanding any agreement and except as otherwise provided for in this chapter,
a supplier shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement;
or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the
supplier has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c) of this section. (2) Has acted in good faith. (3) Has good cause for the
amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced
resignation. (b) For each amendment, modification, termination, cancellation, nonrenewal,
or discontinuance, the supplier shall have the burden of proving that it has acted in good
faith, that the notice requirements under this section have been complied with, and that there
was good cause for the amendment, modification, termination,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-6.htm - 8K - Match Info - Similar pages
45-2-22.06
Section 45-2-22.06 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: Amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.06.htm - 8K - Match Info - Similar pages
45-37-21.07
Section 45-37-21.07 Amendment, modification, termination, etc., of agreement. (a) Notwithstanding
any agreement and except as otherwise provided for in this part, a supplier shall not amend
or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate,
fail to renew, or refuse to continue under an agreement, unless, in any of the foregoing cases,
the supplier has complied with all of the following: (1) Has satisfied the applicable notice
requirements of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment,
modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.
(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance,
the supplier shall have the burden of proving that it has acted in good faith, that the notice
requirements under this section have been complied with, and that there was good cause for
the amendment, modification, termination,...
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