|
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
8-20-4
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-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-3
Section 8-21B-3 Definitions. The following words shall have the following meanings: (1) DEALER.
A person, corporation, partnership, or other business entity primarily engaged in the business
of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established
place of business in this state. If a dealer's retail sales volume of heavy equipment and
heavy equipment parts purchased from a single supplier is greater than 70 percent of such
dealer's total retail sales volume of heavy equipment and heavy equipment parts during the
12-month period immediately prior to May 22, 2009, or the term of any dealer agreement entered
into between the supplier and such dealer after May 22, 2009, then the dealer and such supplier
shall not be subject to this chapter with respect to the dealer agreement and transactions
between them, but the dealer shall otherwise be subject to this chapter with respect to dealer
agreements and transactions with other suppliers. (2) DEALER...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-3.htm - 3K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-10.htm - 3K - 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-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
40-14-41
Section 40-14-41 (Not Effective After December 31, 1999) Levy on foreign corporations. (a)
Amount of levy. Every corporation organized under the laws of any other state, nation, or
territory and doing business in this state, except strictly benevolent, educational, or religious
corporations, shall pay annually to the state an annual franchise tax of three dollars ($3)
on each one thousand dollars ($1,000) of the actual amount of its capital employed in this
state. Corporations which have qualified to do business in this state shall for the purpose
of this title prima facie be held to be doing business in Alabama. However, in no event shall
the amount paid by any corporation for annual franchise tax be less than the sum of twenty-five
dollars ($25). (b) Definition of capital. The total capital of such foreign corporation, herein
referred to as the "taxpayer," shall equal the aggregate net amount of the following
items determined in accordance with generally accepted accounting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14-41.htm - 13K - 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
|