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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
8-20-3
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-3.htm - 5K - 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...
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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
8-20-7
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
8-20-6
Section 8-20-6 Predelivery obligations. Every manufacturer or wholesaler or distributor,
factory branch, factory representative, distributor branch or distributor representative shall
specify to the motor vehicle dealer the delivery and preparation obligations of its motor
vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery
and preparation obligations of its motor vehicle dealers and a schedule of the compensation
to be paid to its motor vehicle dealers for the work and services they shall be required to
perform in connection with such delivery and preparation obligations shall be presented to
the dealer and the obligations specified therein shall constitute any such dealer's only predelivery
obligations as between such dealer and such manufacturer or wholesaler or distributor. The
compensation as set forth on said schedule shall be reasonable. (Acts 1981, No. 81-390, p.
596, ยง6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-6.htm - 1K - 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...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-390.htm - 5K - Match Info - Similar pages
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...
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40-17-350
Section 40-17-350 Transportation of motor fuel; inspections. (a) Each person operating
a refinery or terminal in Alabama shall prepare and provide to the driver of every highway
vehicle receiving motor fuel at the facility a shipping document setting out on its face the
destination state as represented to the terminal operator by the shipper or the shipper's
agent. Failure to comply with this subsection may result in a department imposed penalty of
not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), to
be multiplied by the sum of the current violation plus prior violations of this subsection.
(b) Every person transporting motor fuel in Alabama in a highway vehicle other than in its
supply tank shall carry on board a shipping document issued by the facility where the motor
fuel was obtained. The shipping document shall set out on its face the state of destination
of the motor fuel transported in the highway vehicle. Violation of this subsection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-350.htm - 14K - Match Info - Similar pages
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