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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...
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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...
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40-12-390
Section 40-12-390 Definitions. The following words and phrases, when used in this article,
shall have the following meanings: (1) COMMISSIONER. The state Commissioner of Revenue. (2)
DEPARTMENT. The Department of Revenue. (3) DISTRIBUTOR. Any person engaged in the business
of selling or distributing new motor vehicles to new motor vehicle dealers. (4) FACILITATOR.
Any person or his or her designee who facilitates an off-site sale licensed under Section
40-12-395. The term may include the owner of the property where the off-site sale is being
conducted. (5) MANUFACTURER. Any person engaged in the business of manufacturing or assembling
new and unused motor vehicles. (6) MASTER DEALER LICENSE. The license issued by the department
pursuant to this article. (7) MOTOR VEHICLE. Any motor vehicle as defined in Section 40-12-240,
but the term shall not include any trailer not required to have a certificate of title. (8)
MOTOR VEHICLE REBUILDER. Any person engaged in the business of making or...
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8-21C-1
Section 8-21C-1 Legislative intent; applicability. (a) It is the intent of the Legislature
to protect the public health, safety, and welfare of the residents of the state by regulating
the relationship between recreational vehicle dealers, manufacturers, and distributors, by
maintaining competition, and by providing consumer protection and fair trade. (b) This chapter
applies to manufacturer and dealer agreements entered into on or after October 1, 2011. (c)
Chapter 20 of Title 8, shall not apply to any recreational vehicle manufacturer and dealer
agreement to which this chapter applies. This chapter does not otherwise amend or affect Chapter
20 of Title 8. (Act 2011-636, p. 1529, §1.)...
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45-2-41.07
Section 45-2-41.07 Remedies. If any grantor violates this part, a dealer may bring an action
against the grantor in the Circuit Court of Baldwin County for damages sustained by the dealer
as a consequence of the grantor's violation, together with the actual costs of the action,
including reasonable actual attorneys' fees. The dealer may seek and the court may grant injunctive
relief against unlawful amendment or modification, termination, cancellation, nonrenewal,
or discontinuance of the dealership agreement. (Act 2008-462, p. 897, §8.)...
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45-49-41.06
Section 45-49-41.06 Remedies. If any grantor violates this part, a dealer may bring an action
against the grantor in the Circuit Court of Mobile County for damages sustained by the dealer
as a consequence of the grantor's violation, together with the actual costs of the action,
including reasonable actual attorneys' fees. The dealer may seek and the court may grant injunctive
relief against unlawful amendment or modification, termination, cancellation, nonrenewal,
or discontinuance of the dealership agreement. (Act 2008-461, p. 894, § 8.)...
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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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8-20-2
Section 8-20-2 Declaration of purpose. (a) The Legislature finds and declares that the distribution
and sale of motor vehicles within this state vitally affect the general economy of the state
and the public interest and the public welfare, and that in order to promote the public interest
and the public welfare, and in the exercise of its police power, it is necessary to regulate
motor vehicle manufacturers, distributors, dealers, and their representatives and to regulate
the dealings between manufacturers and distributors or wholesalers and their dealers in order
to prevent fraud and other abuses upon the citizens of this state and to protect and preserve
the investments and properties of the citizens of this state. (b) This chapter shall not apply
to any recreational vehicle manufacturer and dealer agreement to which Chapter 21C of this
title applies. (Acts 1981, No. 81-390, p. 596, §2; Act 2011-636, p. 1529, §12.)...
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32-8-2
Section 32-8-2 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) CURRENT ADDRESS. A new address different from the address
shown on the application or on the certificate of title. The owner, within 30 days after the
address is changed from that shown on the application or on the certificate of title, shall
notify the department of the change of address in the manner prescribed by the department.
(2) DEALER. A person licensed as an automobile or motor vehicle dealer, or travel trailer
dealer and engaged regularly in the business of buying, selling, or exchanging motor vehicles,
trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor
vehicles, or travel trailers in this state, and having in this state an established place
of business. (3) DEPARTMENT. The Department of Revenue of this state. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-8-2.htm - 9K - Match Info - Similar pages
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...
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