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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
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
8-21C-5
Section 8-21C-5 Manufacturer and dealer agreement - Actions upon failure to cure deficiencies.
(a) If the manufacturer and dealer agreement is terminated, canceled, or not renewed by the
manufacturer or distributor without cause as defined in subsection (b) of Section 8-21C-4
or if the dealer terminates or cancels the manufacturer and dealer agreement for cause as
defined in subsection (f) of Section 8-21C-4, and the manufacturer or distributor fails to
cure the claimed deficiencies within the time provided in Section 8-21C-4, the manufacturer
or distributor, at the election of the dealer and within 45 days after termination, cancellation,
or nonrenewal, shall do all of the following: (1) Repurchase all new, untitled recreational
vehicles that were acquired and delivered to the dealership from the manufacturer or distributor
within 12 months before the effective date of the notice of termination, cancellation, or
nonrenewal that have not been used, except for demonstration purposes,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-5.htm - 2K - 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
8-20-5
Section 8-20-5 Limitations on cancellations, modifications, terminations, and nonrenewals of
franchise relationships. (a) Notwithstanding the terms, provisions, or conditions of any agreement
or franchise or notwithstanding the terms or provisions of any waiver, no manufacturer shall
cancel, terminate, modify, fail to renew, or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer unless the manufacturer has: (1) Satisfied the notice
requirement of this section. (2) Acted in good faith as defined in this chapter. (3) Has good
cause for the cancellation, termination, modification, nonrenewal, or noncontinuance. (b)
Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the
terms or provisions of any waiver, good cause shall exist for the purposes of a termination,
cancellation, modification, nonrenewal, or noncontinuance when: (1) There is a failure by
the new motor vehicle dealer to comply with a provision of the franchise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-5.htm - 13K - Match Info - Similar pages
8-21A-3
Section 8-21A-3 Violations by suppliers generally. It shall be a violation of this chapter
for a supplier to do any of the following: (1) To coerce, compel, or require any dealer to
order or accept delivery of any equipment or parts with special features or accessories not
included in the base list price of such equipment as publicly advertised by the supplier which
the dealer has not voluntarily ordered. (2) To coerce, compel, or require any dealer to enter
into any agreement, whether written or oral, as a supplement to an existing dealer agreement
with such supplier unless such supplemental agreement is imposed on all other dealers in the
state doing business with that same supplier. (3) To discriminate in the delivery of equipment
to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment
dealer's order, if the equipment covered by the dealer agreement was specifically represented
by the supplier to be available for immediate delivery....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-3.htm - 6K - 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-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
8-20-4
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
8-21B-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
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