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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-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
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
8-19-5
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
8-20-4
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
8-21A-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
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
8-21B-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
45-2-22.04
Section 45-2-22.04 Prohibited activities - Supplier. A supplier is prohibited from doing the
following: (1) Fail to provide each wholesaler of the supplier's brand or brands with a written
agreement which contains in total the supplier's agreement with each wholesaler, and designates
a specific exclusive sales territory. Any agreement which is in existence on April 19, 2004,
shall be renewed consistent with this part; provided, that this part may be incorporated by
reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier
from appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily
service a sales territory not designated to another wholesaler, until such time as a wholesaler
is appointed by the supplier; and such wholesaler who is designated to service the sales territory
during this period of temporary service shall not be in violation of this part, and, with
respect to the temporary service territory, shall not have...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.04.htm - 6K - Match Info - Similar pages
45-37-21.05
Section 45-37-21.05 Prohibited activities - Supplier. A supplier shall not: (1) Fail to provide
each wholesaler of the brand or brands of the supplier with a written agreement which contains
in total the agreement of the supplier with each wholesaler, and designates a specific exclusive
sales territory. Any agreement which is in existence on May 22, 2013, shall be renewed consistent
with this part; provided, that this part may be incorporated by reference in the agreement.
Provided, however, nothing contained herein shall prevent a supplier from appointing, one
time for a period not to exceed 90 days, a wholesaler to temporarily service a sales territory
not designated to another wholesaler, until such time as a wholesaler is appointed by the
supplier; and such wholesaler who is designated to service the sales territory during this
period of temporary service shall not be in violation of this part, and, with respect to the
temporary service territory, shall not have any of the rights...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.05.htm - 6K - Match Info - Similar pages
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