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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
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-1.htm - 20K - 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...
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8-20-7
Section 8-20-7 Warranty obligations to dealers. (a) Every manufacturer, distributor, or wholesaler,
factory branch, factory representative, distributor branch, or distributor representative
shall specify in writing to each of its motor vehicle dealers the dealer's obligation for
warranty service on its products, shall compensate the motor vehicle dealer for warranty service
required of the dealer by the manufacturer, distributor, or wholesaler, factory branch, factory
representative, distributor branch, or distributor representative and shall provide the dealer
the schedule of compensation to be paid such dealer for parts, work, and service in connection
with warranty services, and the time allowance for the performance of such work and service.
(b) In no event shall such schedule of compensation fail to include reasonable compensation
for diagnostic work, service, labor, and parts. Time allowances for the diagnosis and performance
of warranty work and service shall be reasonable and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-7.htm - 4K - Match Info - Similar pages
8-20-3
Section 8-20-3 Definitions. For the purpose of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) COERCE. The failure to act in good faith in performing
or complying with any term or provision of the franchise or dealer agreement, except that
recommendation, persuasion, urging, or argument shall not be deemed to constitute a lack of
good faith. (2) DEALER AGREEMENT or FRANCHISE. The written contract between any new motor
vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights
and liabilities of the parties to such agreement or contract, and pursuant to which the dealer
purchases and resells the franchise product or leases or rents the dealership premises. (3)
DISTRIBUTOR or WHOLESALER. A person, whether a resident or a nonresident, other than a manufacturer,
who sells or distributes motor vehicles to motor vehicle dealers or who...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-7.1.htm - 4K - Match Info - Similar pages
40-12-395
Section 40-12-395 License - Supplemental licenses; off-site sales. (a) A person licensed under
this article shall obtain a supplemental license for each additional place of business, in
a manner as prescribed by the commissioner and upon payment of an additional application fee
of five dollars ($5) for each additional location. The signage and other requirements of Section
40-12-392 shall apply to each additional place of business. Only one licensed dealer shall
operate at the same place of business. (b) Notwithstanding the requirement that sales of new
and used motor vehicles shall be made only from the permanent location of the new or used
motor vehicle dealer, such dealers may conduct sales of new and used motor vehicles from locations
off-site of their permanent locations on the following conditions: (1) The off-site sales
events shall not exceed three per dealer per license year with each sale not to exceed 10
consecutive calendar days in duration. Off-site sales of new motor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-395.htm - 5K - Match Info - Similar pages
40-23-104
Section 40-23-104 Collection of taxes before registration or licensing; proof of purchase price;
proof of payment of tax. (a) The licensing official shall collect all of the following: (1)
The taxes levied by this article. (2) The municipal gross receipts or sales taxes and county
sales taxes authorized by general or local law on sales made by a person or firm other than
a licensed dealer. (3) The municipal and county use taxes authorized by general or local law
on sales made by dealers doing business outside the State of Alabama and on sales made by
licensed Alabama dealers where municipal and county sales taxes were not collected at the
time of purchase. (4) The state use tax on any such automotive vehicle, motorboat, truck trailer,
trailer, semitrailer, or travel trailer required to be registered or licensed by the judge
of probate. (b) The licensing official shall require, as proof of the purchase price of the
automotive vehicle, motorboat, truck trailer, trailer, semitrailer, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-104.htm - 4K - Match Info - Similar pages
40-23-101
Section 40-23-101 Sales tax levied on automotive vehicles, motorboats, truck trailers, manufactured
homes, etc.; additional receipts and taxes collected. (a) There is hereby levied and shall
be collected as herein provided a sales tax upon every person, firm, or corporation purchasing
within this state, other than at wholesale, any automotive vehicle, motorboat, truck trailer,
trailer, semitrailer, or travel trailer required to be registered or licensed with the judge
of probate of any county in this state from any person, firm or corporation that is not a
licensed dealer engaged in selling automotive vehicles, motorboats, truck trailers, trailers,
semitrailers, or travel trailers in an amount equal to two percent of the purchase price.
(b) Commencing October 1, 1989, there is hereby levied and shall be collected, as provided
for under the provisions of subsection (e) of Section 40-23-104, a sales tax in the amount
equal to two percent of the purchase price on the sale of any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-101.htm - 2K - Match Info - Similar pages
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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