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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-1 - Short Title.
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Section 8-21A-1
Short title.
This chapter may be cited as "The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act."
(Acts 1991, No. 91-721, p. 1401, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-2 - Definitions.
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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 equipment, or services related thereto.
(5) EQUIPMENT. Machines designed for or adapted and used for agriculture, horticulture, irrigation for agriculture or horticulture, livestock, grazing, lawn and garden, and/or light industrial purposes.
(6) EQUIPMENT DEALER, TRACTOR DEALER, DEALER, LIGHT INDUSTRIAL DEALER, DEALERSHIP, EQUIPMENT DEALERSHIP. Any person, partnership, corporation, association, or other business entity engaged primarily in the business of selling, retailing, and/or leasing and servicing farm tractors, machines, implements, lawn and garden tractors and equipment, and light industrial tractors and equipment, along with attachments and related repair parts. This includes lawn and garden dealers or light industrial dealers that are not primarily engaged in the farm equipment business. This does not include persons or companies primarily engaged in the sales of heavy duty industrial tractors and equipment used in road construction or maintenance, or forestry equipment. This does not include persons primarily engaged in the auction sale of tractors and farm equipment and light industrial equipment nor dealers in exclusively used tractors, farm equipment, and light industrial equipment.
(7) GOOD CAUSE. Failure of the dealer to substantially comply with requirements of the dealer agreement, provided such requirements are not different from, nor enforced differently than those requirements imposed on other similarly situated dealers.
(8) INVENTORY. Tractors, farm implements, machinery, equipment, lawn and garden tractors and equipment, light industrial tractors and equipment, and repair parts held by the dealer.
(9) MANUFACTURER, DISTRIBUTOR, or WHOLESALER. Any person, company, or corporation who sells or distributes new tractors, lawn and garden equipment, and light industrial equipment to dealers or any branch or division, or any officer, agent, or representative thereof.
(10) RELEVANT MARKET AREA. The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale of equipment under the terms of a franchise.
(11) SUPPLIER. The manufacturer, wholesaler, or distributor of the tractor, equipment, lawn and garden equipment, light industrial tractors and equipment, and/or repair parts to be sold by the dealer.
(12) TERMINATION. The termination, cancellation, nonrenewal, or noncontinuation of the contract or agreement.
(13) WRITTEN NOTICE. In addition to a delivered written notice, such notice shall include notice by any other accepted means including, but not limited to, notice by "electronic mail" or its equivalent.
(Acts 1991, No. 91-721, p. 1401, §2; Acts 1993, No. 93-614, p. 1006, §1(2); Act 2003-356, p. 967, §1; Act 2004-556, p. 1196, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-3 - Violations by Suppliers Generally.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-3 - Violations by Suppliers Generally.
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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. However, the failure to deliver the equipment shall not be considered a violation of this chapter if the failure is due to prudent and reasonable restriction on the extension of credit by the supplier to the dealer, an act of God, work stoppage or delay due to a strike or a labor difficulty, a bona fide shortage of materials, freight embargo, or other causes over which the supplier has no control.
(4) To terminate, cancel, or fail to renew a dealer's agreement or substantially alter that dealer's competitive circumstances without good cause.
(5) To condition the renewal or extension of a dealer agreement on the dealer's substantial renovation of the dealer's place of business or on the construction, purchase, acquisition, or rental of a new place of business by the dealer, unless:
a. the dealer is given at least 12 months' notice in advance;
b. the supplier's demand is shown to be reasonable; and
c. the supplier can demonstrate an actual need or necessity for such a change in the place of business in order that the dealer be in a position to adequately serve the public's needs in his or her trade area at that particular time.
(6) To discriminate in the offering of net prices, sale promotion plans, or any and all other devices of programs that affect the ultimate net price paid by the dealer for any item of equipment offered to the dealer by the supplier. "Item of equipment" shall include, but not be limited to, tractors, any equipment or attachments, garden tractors, lawn and garden equipment, or any other items offered by supplier to their dealer. This subdivision shall not apply to the sales to an equipment dealer for resale to any unit or agency of the United States government, the state, or any of its political subdivisions or any municipality located within this state, and provided further that there is no violation of this subdivision so long as a supplier sells or offers to sell its products to all of its dealers at an equal price.
(7) To prevent or attempt to prevent, by contract or otherwise, any dealer from changing the capital structure of his or her dealership or the means or sources through which he or she finances the operation of his or her dealership so long as the dealer continues to meet the reasonable capital requirements which have previously been agreed upon by dealer and supplier and the change does not result in a change of controlling interest, or in the executive management of the dealership.
(8) To prevent or attempt to prevent, by contract or otherwise, any equipment dealer or any officer, member, partner, or stockholder of any dealer from selling or transferring any part of the interest of any one of them to any other person or persons or party or parties. However, no dealer, officer, partner, member, or stockholder shall have the right to sell, transfer, or assign the dealership and/or the dealer agreement without the written consent of the supplier, provided however that consent shall not be unreasonably withheld.
(9) To require the dealer to agree to a release, agreement, waiver, or any other modification that would relieve supplier or dealer from liability imposed by this chapter.
(10)a. To unreasonably withhold consent, in the event of the death of the dealer or the principal owner of the dealership, to the transfer of the dealer's interest in the dealership to a member or members of the family of the dealer or the principal owner of the dealership or to another qualified individual if the family member or other qualified individual meets the reasonable requirements, business experience, and character standards required of all dealers at that time by the supplier. In the event the supplier determines that the designated family member or other qualified individual is not acceptable, the supplier shall provide the dealer or his or her family with written notice of its objections and specific reasons for withholding its consent. Frivolous or capricious reasons will not be acceptable to satisfy the requirements of this section. A supplier shall have 30 days in which to consider and make a determination on a dealer's request to make a transfer to a family member or other qualified individual. As used herein, "family" means a spouse, parents, siblings, children, stepchildren, sons-in-law, daughters-in-law, and lineal descendants including those by adoption of the dealer or principal owner of the dealership.
b. Notwithstanding the foregoing, in the event that a supplier and dealer have previously duly executed an agreement concerning succession rights prior to the dealer's death, and if the agreement has not been revoked, the agreement shall be observed, even if it designates someone other than the surviving spouse or heirs of the decedent as the successor.
(11) To prevent a dealer from having an investment in or holding a dealership contract for the sale of competing product lines or makes of equipment, or to require a dealer to provide separate facilities for competing product lines or makes of equipment.
(12) To impose, directly or indirectly, unreasonable restrictions on the dealer relative to transfer, renewal, termination, location, or site control.
(13) Notwithstanding the provisions of this section, the supplier may determine that a dealer's area of responsibility or trade area does not afford sufficient sales potential to continue to reasonably support a dealer.
(Acts 1991, No. 91-721, p. 1401,§3; Act 2003-356, p. 976, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-4 - Termination, Cancellation, or Nonrenewal of Dealer Agreement; Sales Contract, etc....
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-4 - Termination, Cancellation, or Nonrenewal of Dealer Agreement; Sales Contract, etc.; New or Relocated Dealership; Sale or Lease of New Equipment.
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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 outlined, agreed upon, and implemented, then the notice of termination shall be void. The contractual terms of the dealer agreement shall not expire or a change be made in the dealer's competitive circumstances, without the written consent of the dealer, prior to the expiration of at least 90 days following the notice.
(b) As used in this chapter, a termination by a supplier of a dealer's agreement or a change by the supplier in dealer's competitive circumstances, shall be with good cause when the dealer has done any of the following:
(1) Transferred a controlling ownership interest in the dealership without the supplier's consent.
(2) Made a material misrepresentation to the supplier when applying for the dealer agreement.
(3) Filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer which has not been discharged within 60 days after the filing; is in default under the provisions of a security agreement in effect with the supplier; or is insolvent or in receivership.
(4) Been convicted of a felony.
(5) Failed to operate in the normal course of business for seven consecutive business days or has terminated the business.
(6) Relocated the dealer's place of business without the supplier's consent.
(7) Consistently engaged in business practices which are detrimental to the consumer or supplier by way of excessive pricing, misleading advertising, failure to provide service and replacement parts or perform warranty obligations.
(8) Consistently failed to comply with the applicable licensing laws pertaining to the products and services being represented for and on supplier's behalf.
(c) No supplier shall base its decision to terminate, cancel, or not renew a dealer agreement or to change the dealer's competitive circumstances on any of the subdivisions of subsection (b) except subdivisions (1), (2), (3), (4), (5), or (6) thereof unless the supplier can demonstrate through written documentation and clear and convincing evidence, the alleged lack of sales demand to support a dealership, alleged misconduct and/or lack of performance or other deficiency of the dealer. Furthermore, supplier shall also show that the reason for the decision to terminate, cancel, or not renew the dealer agreement or change the dealer's competitive circumstances was in no way caused by supplier's actions.
(d) Before termination of the franchise or selling agreement because of the failure of a dealer to meet reasonable marketing criteria or market penetration, the manufacturer, distributor, or wholesaler shall provide written notice of that intention at least one year in advance. After notice, the manufacturer or other entity issuing the notice shall make good faith efforts to work with the dealer to gain the desired market share including, without limitation, reasonably making available to the dealer an adequate inventory of new equipment and parts and competitive marketing programs. The manufacturer or other entity, at the end of the one-year notice period, may terminate or elect not to renew the agreement only upon further written notice specifying the reasons for determining that the dealer failed to meet reasonable criteria or market penetration. The written notice shall specify that termination is effective 90 days from the date of the notice. If the dealer cures the claimed deficiency within the 90-day period, the franchise or selling agreement shall not be terminated.
(e) Any manufacturer, distributor, or wholesaler which intends to establish a new dealership or to relocate a current dealership for a particular product line or make of equipment within the relevant market area of an existing dealership of the same product line or make of equipment shall give a written 90-day notice of that intent by certified mail or statutory overnight delivery, return receipt requested, to the existing dealership. The notice shall include all of the following:
(1) The specific location of the additional or relocated dealership.
(2) The date on or after which the additional or relocated dealership will commence operation at the new location.
(3) The identity of all existing dealerships in whose relevant market area the new or relocated dealership is to be located.
(4) The names and addresses of the dealer and principals in the new or relocated dealership.
(f) A manufacturer, distributor, or wholesaler may sell or lease new equipment for use within this state. If the equipment is prepared for delivery or serviced by a dealer, the manufacturer, distributor, or wholesaler shall reasonably compensate the dealer for the preparation and delivery of the new equipment and pay to the dealer a reasonable commission on the sale or lease of the new equipment which shall not be less than eight percent of the sale price of the equipment. The manufacturer, distributor, or wholesaler, if practicable, shall utilize the dealer in the relevant market area described in this subsection for preparation and delivery. This compensation shall be paid or credited in the same manner as provided in Section 8-21A-10. This subsection shall not be applicable to any liquidation or sale of equipment which has been ordered by any court. For purposes of this subsection, equipment is considered to be used primarily within the relevant market area of a dealer if the new equipment is located or housed at a facility of the user located within that relevant market area.
(Acts 1991, No. 91-721, p. 1401, §4; Act 2003-356, p. 976, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-5 - Supplier's Duties to Dealers - Provision of Repair Parts; Return of Surplus Parts.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-5 - Supplier's Duties to Dealers - Provision of Repair Parts; Return of Surplus Parts.
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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 preceding the notification to the dealer by the supplier or the surplus parts return program, or the month the dealer's return request is made, whichever is applicable. However, the dealer may wish to return less than 10 percent of the total value of stock order parts purchased by the dealer from supplier during the preceding twelve month period as provided above. This has no effect on the validity of this section or the dealer's rights hereunder.
(c) This chapter shall not require the repurchase from a dealer of any of the following:
(1) Any single repair part which is priced as a set of two or more items.
(2) Any repair part which, because of the condition, is not resalable as a new part without repackaging or reconditioning.
(3) Any inventory for which the dealer is unable to furnish evidence, reasonably satisfactory to the manufacturer, distributor, wholesaler, of good title, free and clear of all claims, liens, and encumbrances.
(4) Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so. No obsolete or superseded part may be returned, but any part listed in the supplier's current parts price list or any superseded part that has not been the subject of the supplier's parts return program at the date of notification to the dealer by the supplier of the surplus parts return program, or the date of the dealer's parts return request, whichever is applicable shall be eligible for return for the credit specified.
(d) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the dealer's cost thereof as listed in the supplier's current parts list at the date of the notification to the dealer by the supplier of the surplus parts return program, or the date of the dealer's parts return request, whichever is applicable.
(e) Applicable credit hereunder shall be issued to the dealer within 60 days after receipt of the dealer's returned parts by the supplier.
(f) All packing and return freight expenses incurred in the return of surplus parts under the terms of this section shall be the obligation of and borne by the dealer.
(g) This section shall be supplemental to any agreement between the dealer and the supplier covering the return of farm equipment, attachments, and repair parts which provides the equipment dealer with greater protection. The dealer can elect to pursue either his or her dealer agreement remedy or the remedy provided by state law, and an election by the dealer to pursue the agreement remedy shall not bar the right to the remedy provided herein as to those repair parts not affected by the contract remedy. Notwithstanding anything contained herein, the rights of a supplier to charge back to the dealer's account previously paid or credited as a discount incident to the dealer's purchase of goods shall not be affected. Further, any repurchase hereunder shall not be subject to the bulk sales law.
(Acts 1991, No. 91-721, p. 1401, §5; Act 2003-356, p. 976, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-6 - Supplier's Duties to Dealers - Agreements to Maintain Inventory; Supplier's Duty t...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › 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.
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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 specialized repair tools, previously purchased pursuant to requirements of the supplier and held by the dealer on the date of termination. Dealer may, at his option, elect to retain such tools if it is not in violation of any contract terms held by the supplier.
(b) If the dealer decides not to keep the inventory, supplier shall repurchase the inventory, specific data processing hardware and software, merchandising equipment, tools, and accessories, and specialized repair tools previously purchased by dealer and held by dealer on the date of termination of the dealer agreement. Supplier shall pay 100 percent of the net cost of all new, unsold, undamaged and complete tractors and equipment, 100 percent of the current net price of all new, unused, undamaged repair parts and accessories which are listed in the supplier's effective price list or catalog. The supplier shall also pay the dealer six percent of the current net price of all new, unused and undamaged repair parts returned as payment for the cost of handling, packing, and loading. Supplier shall have the option of performing the handling, packing, and loading and paying 100 percent of the current net price of parts in lieu of paying the additional six percent sum imposed herein for these services and in this case, the dealer shall make available to the supplier, at the dealer's address or at the places at which it is located, all equipment previously purchased by the dealer, after a satisfactory repurchase amount has been negotiated. Provided, however, that merchandising tools and accessories and specialized repair tools must have been purchased within the last three years, and must be complete, usable and unique to the product line.
(c) Upon payment or credit of the repurchase amount to the dealer, the title and right to possession of the repurchased inventory shall transfer or be transferred to the supplier and, notwithstanding the provisions for the state's Uniform Commercial Code to file notice of a security interest, the dealer shall have a continuing security interest in the inventory until payment or the issuance of credit against any undisputed account balance claimed against dealer by supplier.
(d) The provisions of this chapter shall not require the repurchase from the dealer by supplier of:
(1) Any single repair part which is priced as a set of two or more items;
(2) Any repair part which, because of its condition, is not resalable as a new part without reconditioning or repairing;
(3) Any inventory from which the dealer is unable to furnish evidence, reasonably satisfactory to the supplier, of good title, free and clear of all claims, liens, and encumbrances;
(4) Any inventory which the equipment dealer desires to keep, provided dealer has a contractual right to do so;
(5) Any equipment or repair parts which are not in new, unused, undamaged condition;
(6) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination or nonrenewal of the dealer agreement; or
(7) Any inventory which was acquired by the dealer from any source other than the supplier, other than a successor in interest as provided in Section 8-21A-9.
(e) If any supplier shall fail or refuse to repurchase any inventory covered under the provisions of this chapter within ninety days after termination or nonrenewal of dealer agreement, the supplier shall be civilly liable to the dealer for the total amount of 115 percent of the current net price of the inventory, plus any freight charges paid by the dealer, plus all cost of financing such repurchase, including court costs, and reasonable attorney's fee as awarded by court or statute.
(Acts 1991, No. 91-721, p. 1401, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-7 - Supplier's Duties to Dealers - Death or Incapacity of Dealer or Majority Stockhold...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › 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.
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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 enter into a new dealer agreement, or if a successor to the deceased dealer is agreed upon in accordance with the provisions of this chapter.
(b) The provisions of this section shall be supplemental to any agreement between the dealer and the supplier covering the return of farm equipment, attachments, and/or repair parts which provide the dealer with greater protection. The heirs or executor can elect to pursue either the contract remedy or the remedy provided herein, and an election by the heirs or executor to pursue contract remedy shall not bar such heirs or executor's right to the remedy provided herein as to the farm equipment, attachments and/or repair parts not affected by the contract remedy. Any repurchase hereunder is not to be subject to the bulk sales law of this state. Further, nothing shall preclude a price for return parts which is greater than the total allowance for parts allowed herein and the shipping allowance; in such case, the packing, freight and handling expense shall not be borne by the supplier as to such overage.
(Acts 1991, No. 91-721, p. 1401, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-8 - Dealer's Action Against Supplier for Violations; Civil Liability and Remedies.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-8 - Dealer's Action Against Supplier for Violations; Civil Liability and Remedies.
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Section 8-21A-8
Dealer's action against supplier for violations; civil liability and remedies.
Any dealer may bring an action against a supplier in court of competent jurisdiction for damages sustained by the dealer as a result of supplier's violation of any part of this chapter, together with the actual costs of the action, including but not limited to, reasonable attorney's fees along with any consequential damages sustained by the dealer. Dealer may also be granted injunctive relief against the unlawful termination, cancellation, nonrenewal or change in competitive circumstances by the supplier. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
(Acts 1991, No. 91-721, p. 1401, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-9 - Supplier's Obligations Applied to Successor in Interest or Assignee.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-9 - Supplier's Obligations Applied to Successor in Interest or Assignee.
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Section 8-21A-9
Supplier's obligations applied to successor in interest or assignee.
The obligation of any supplier is applied to and made an obligation of any successor in interest or assignee of the supplier. A successor in interest includes, but is not limited to, any purchaser of the assets or stock, any surviving entity resulting from merger or liquidation, any receiver or any trustee of the original supplier.
(Acts 1991, No. 91-721, p. 1401, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-10 - Warranty Agreement on New Equipment; Warranty Claims.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-10 - Warranty Agreement on New Equipment; Warranty Claims.
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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 fractions thereof multiplied by the dealer's established customer hourly labor rate, which shall have previously been made known to supplier. All parts used by dealer in warranty work shall be paid to dealer in the amount of dealer's net price for the parts, plus 15 percent of that sum or the supplier's current reimbursement program for warranty work, whichever is greater. The payment is to reimburse the dealer for dealer's reasonable costs of doing business and providing such warranty service on the supplier's behalf. The supplier shall have the right to adjust errors discovered during audit and if necessary to adjust claims collected in error.
(c) It shall be unlawful to deny, delay payment for, or restrict a claim by a dealer for warranty service or parts, incentives, hold-backs, or other amounts owed to a dealer unless the denial, delay, or restriction is the direct result of a material defect in the claim that affects its validity.
(d) A manufacturer, distributor, or wholesaler may audit warranty claims submitted by its dealers only for a period of up to one year following payment of the claims and may charge back to its dealers only those amounts based upon paid claims shown by the audit to be invalid except that this limitation shall not apply in any case of fraudulent claims.
(e) Any audit of a dealer by or on behalf of a manufacturer, distributor, or wholesaler for sales incentives, service incentives, rebates, or other forms of incentive compensation shall be completed not later than six months after the date of the termination of the incentive compensation program except that this limitation shall not apply in any case of fraudulent claims.
(Acts 1991, No. 91-721, p. 1401, §10; Act 2003-356, p. 976, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-11 - Supplier to Indemnify Dealer Against Claims Relating to Manufacture, Assembly, or...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-11 - Supplier to Indemnify Dealer Against Claims Relating to Manufacture, Assembly, or Design Beyond Dealer's Control.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-12 - Action for Injunction, Damages, etc., for Violations of Chapter, Unfair, or Decep...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-12 - Action for Injunction, Damages, etc., for Violations of Chapter, Unfair, or Deceptive Trade Practices, and Other Unlawful Acts.
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Section 8-21A-12
Action for injunction, damages, etc., for violations of chapter, unfair, or deceptive trade practices, and other unlawful acts.
Notwithstanding the terms, provisions or conditions of any dealer franchise or dealer agreement or the terms or provisions of any waiver, and notwithstanding any other legal remedies available, any person who is injured in his business or property by a violation of this chapter, by the commission of any unfair and/or deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in a court of competent jurisdiction to enjoin further violations, to recover any damages sustained by him, together with the costs of the suit, including a reasonable attorney's fee. This section applies equally to both manufacturers and dealers.
(Acts 1991, No. 91-721, p. 1401, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-21a/section-8-21a-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.›Section 8-21A-13 - Statute of Limitations; Accrual of Cause of Action.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-13 - Statute of Limitations; Accrual of Cause of Action.
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Section 8-21A-13
Statute of limitations; accrual of cause of action.
Except as otherwise provided, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until constituting a violation of the provisions of this chapter.
(Acts 1991, No. 91-721, p. 1401, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-1 - Short Title.
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Section 8-21B-1
Short title.
This chapter shall be known as and may be cited as the Alabama Heavy Equipment Dealer Act.
(Act 2009-755, p. 2279, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-2 - Legislative Findings.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-2 - Legislative Findings.
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Section 8-21B-2
Legislative findings.
The Legislature finds and declares that the distribution and sale of heavy equipment in this state vitally affects the general economy of the state, the public interest, the public safety, and the public welfare and that, in the exercise of its police power, it is necessary to regulate the conduct of heavy equipment suppliers and dealers and their representatives doing business in this state in order to prevent fraud, unfair business practices, unfair methods of competition, and other abuses upon its citizens.
(Act 2009-755, p. 2279, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-3 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-3 - Definitions.
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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 AGREEMENT. The agreement or contract, expressed or implied, oral or written, by and between a dealer and supplier which provides for the rights and obligations of the parties with respect to the purchase or sale of heavy equipment.
(3) EQUIPMENT or HEAVY EQUIPMENT. Self-propelled, self-powered, or pull-type equipment and machinery, primarily employed for construction, industrial, maritime, mining, or forestry usage. The term shall not include:
a. Motor vehicles requiring registration and certificates of title.
b. Equipment used for agriculture, horticulture, livestock, grazing, lawn and garden, or light industrial purposes which are subject to Chapter 21A.
(4) NET COST. The price the dealer pays to the supplier for heavy equipment and parts, including the freight costs from the supplier's location to the dealer's location, minus all applicable discounts allowed by the supplier.
(5) PARTS or HEAVY EQUIPMENT PARTS. The parts that the dealer purchased from the supplier for use on heavy equipment.
(6) PERSON. A natural person, partnership, association, corporation, or other legal entity or a combination of legal entities. The term also includes heirs, assigns, personal representatives, guardians, and successors in interest.
(7) RELEVANT MARKET AREA. The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale or lease of heavy equipment under the terms of a dealer agreement.
(8) SUPPLIER. A person, partnership, corporation, association, or other form of business enterprise engaged in the manufacture, assembly, or wholesale distribution of heavy equipment and parts related thereto or any officer or agent thereof. The term also includes any successor in interest including any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, any receiver or assignee, or any trustee of the original supplier.
(Act 2009-755, p. 2279, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-4 - Amendment, Termination, etc., of Dealer Agreement - Good Cause Required.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-4 - Amendment, Termination, etc., of Dealer Agreement - Good Cause Required.
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Section 8-21B-4
Amendment, termination, etc., of dealer agreement - Good cause required.
(a) Notwithstanding the terms, provisions, or conditions of any agreement or dealer agreement, no supplier shall unilaterally amend, terminate, or refuse to renew any dealer agreement, or unilaterally cause a dealer to resign from a dealer agreement, unless the supplier has first complied with this chapter and good cause exists for amendment, termination, nonrenewal, or causing of resignation. The term good cause shall not include the sale or purchase of a supplier. The term good cause shall be limited to withdrawal by the supplier, its successors, and assigns of the sale of its products in Alabama or dealer performance deficiencies including, but not limited to, failure by the dealer to comply substantially, without reasonable cause, with any reasonable and material requirement imposed upon such dealer in writing by the supplier, including, but not limited to, a substantial failure by a dealer to do the following:
(1) Maintain a sales volume or trend of the supplier's product line or lines comparable to that of other similarly situated dealers of that product line.
(2) Render services comparable in quality, quantity, or volume to the services rendered by other dealers of the same product or product line similarly situated.
(b) In any determination as to whether a dealer has failed to comply substantially, without reasonable cause, with any reasonable and material requirement imposed upon such dealer by the supplier, consideration shall be given to the relative size, population, geographical location, number of retail outlets, and demand for the products applicable to the relevant market area of the dealer and to other comparable market areas.
(c) No supplier shall be required to give notice or show good cause pursuant to subsection (a) to unilaterally amend dealer agreements to comply with federal or state law or, where not inconsistent with this chapter, to amend uniformly dealer agreements as to all dealers of the supplier in all states in which the supplier is marketing its products.
(d) In any dispute as to whether a supplier has acted with good cause as required by this chapter, the supplier shall have the burden of proof to establish that good cause existed.
(Act 2009-755, p. 2279, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-5 - Amendment, Termination, etc., of Dealer Agreement - Notice.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-5 - Amendment, Termination, etc., of Dealer Agreement - Notice.
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Section 8-21B-5
Amendment, termination, etc., of dealer agreement - Notice.
(a) Except as provided in subsection (d), a supplier shall provide a dealer at least 120 days' prior written notice of any intention to amend, terminate, or decline to renew any dealer agreement. The notice shall state all of the reasons for the intended amendment, termination, or nonrenewal.
(b) Where such reason or reasons for amendment, termination, or nonrenewal relate to a condition or conditions which may be rectified by action of the dealer, the dealer shall have 90 days from the date of notice from the supplier in which to take such action and, within such 90-day period, shall give written notice to the supplier if and when such action is taken. If the condition or conditions have been rectified by the dealer, then the proposed amendment, termination, or nonrenewal shall be void and without legal effect. However, where the supplier contends that action on the part of the dealer has not rectified one or more of such conditions, the supplier must give written notice of such claimed deficiency to the dealer within 15 days after the dealer gave notice to the supplier of the action taken.
(c) During the 120-day notice period provided for in subsection (a), the dealer shall have the right to contract for a transfer of the dealership business or dealer agreement to another person who meets the material and reasonable qualifications and standards required by the supplier for its dealers. The dealer shall give notice of any such transfer to the supplier at least 45 days prior to the expiration of the 120-day notice period.
(d) A dealer agreement may be immediately terminated, amended, or nonrenewed and no notice shall be required if the reason for the amendment, termination, or nonrenewal is any of the following:
(1) The bankruptcy or receivership of the dealer.
(2) An assignment by the dealer for the benefit of the creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a dealer for the purpose of securing financing in the ordinary course of business.
(3) Willful or intentional misrepresentation made by the dealer to the supplier with the express intent to defraud the supplier.
(4) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, unless such failure has resulted from acts of God, casualties, strikes, or other similar circumstances beyond the dealer's reasonable control.
(5) A final conviction of the dealer principal of a felony.
(Act 2009-755, p. 2279, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-6 - Consent to Transfers.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-6 - Consent to Transfers.
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Section 8-21B-6
Consent to transfers.
(a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer's business or dealer agreement or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards of the supplier required in appointing its dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the dealer written notice thereof, stating the specific reasons for withholding consent. No prospective transferee shall be disqualified to be a dealer because it is a publicly held corporation. A supplier shall have 45 days to consider a dealer's request to make a transfer under this subsection.
(b) In any dispute as to whether a supplier has denied consent in violation of this section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.
(Act 2009-755, p. 2279, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-7 - Delivery of Notice.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-7 - Delivery of Notice.
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Section 8-21B-7
Delivery of notice.
Notices required by this chapter shall be sent by certified or registered mail or overnight delivery, postage prepaid.
(Act 2009-755, p. 2279, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-8 - Change in Management Personnel; Damaging Actions; Additional Dealership Agreements...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-8 - Change in Management Personnel; Damaging Actions; Additional Dealership Agreements; Recovery of Damages.
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Section 8-21B-8
Change in management personnel; damaging actions; additional dealership agreements; recovery of damages.
(a) No supplier shall require or prohibit any change in management personnel of any dealer unless the current or proposed management or personnel fails to meet reasonable qualifications and standards required by the supplier for its dealers.
(b) No supplier shall engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable and which causes damage to the dealer.
(c) No supplier, without notice to existing dealers, shall enter into a dealer agreement with another dealer who intends to conduct its dealership operations from a place of business within the relevant market area of an existing dealer or dealers representing the same line of heavy equipment. The appointment of a successor dealer at the same location as its predecessor or within a two-mile radius therefrom within two years from the date on which its predecessor ceased operations or was terminated, whichever occurred later, shall not be construed as the entering into of an additional dealer agreement. Any supplier which intends to enter into a dealer agreement with another dealer in the relevant market area, at least 60 days prior to entering into such dealer agreement, shall give written notice of its intention to do so to each dealer of the same line make within the relevant market area. The notice shall state the date on or after which such proposed dealer agreement shall be entered into. Prior to the date set forth in the notice on or after which such dealer agreement will be entered into, any dealer in the relevant market area may file a civil action to determine whether the additional dealer agreement is unreasonable in which action the supplier shall have the burden of proof that the action is not unreasonable. No bond shall be required as a precondition to entry of an injunction enjoining the entering into of the additional dealer agreement. In determining whether an additional dealer agreement is unreasonable, the court shall consider all pertinent circumstances, including the following:
(1) Whether the establishment of another dealer is warranted by economic and marketing conditions including anticipated future changes.
(2) The past, present, and anticipated retail sales and service business transacted by the objecting dealer or dealers and other dealers of the same line make with a place of business in the relevant market area.
(3) The investment made and obligations incurred by the objecting dealer or dealers and other dealers of the same line make with a place of business in the relevant market area.
(d) No supplier shall require a dealer to prospectively assent to a release, assignment, novation, waiver, or estoppel which would relieve any person from any liability or obligation under this chapter, which would limit the entitlement to recover damages under this chapter or other Alabama law, or which would waive the right to trial by jury. Any provision or agreement purporting to do so is void and unenforceable to the extent of the waiver or release. Nothing in this chapter shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties.
(e) No supplier shall willfully discriminate, either directly or indirectly, in price, programs, or terms of sale offered to dealers in this state when the effect of such discrimination may be to substantially lessen competition or to give one dealer who has a dealer agreement with the supplier any economic, business, or competitive advantage not offered to other dealers who have dealer agreements with such supplier.
(Act 2009-755, p. 2279, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-9 - Incorporation of Chapter Into Dealer Agreement.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-9 - Incorporation of Chapter Into Dealer Agreement.
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Section 8-21B-9
Incorporation of chapter into dealer agreement.
This chapter shall be deemed to be incorporated into every dealer agreement subject to this chapter and shall supersede and control all provisions of any dealer agreement inconsistent with this chapter.
(Act 2009-755, p. 2279, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-10 - Reasonableness.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-10 - Reasonableness.
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Section 8-21B-10
Reasonableness.
This chapter shall impose on every term and provision of any dealer agreement a requirement of reasonableness. Every term or provision of any dealer agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable.
(Act 2009-755, p. 2279, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-11 - Indemnification.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-11 - Indemnification.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-12 - Repurchase of Items by Supplier.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-12 - Repurchase of Items by Supplier.
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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 supplies previously purchased by the dealer pursuant to requirements of the supplier and held by the dealer on the date of termination. The supplier shall repurchase the specialized repair tools, signs, books, and supplies at the net cost to the dealer.
(4) The supplier shall pay the dealer for the items in subdivisions (1) through (3) within 90 days after tender by the dealer of these items at the dealer's premises. If the supplier shall fail or refuse to pay the compensation to the dealer within 90 days, the supplier shall be liable to the dealer for the total amount of 115 percent of the net cost of these items, plus court costs and reasonable attorney's fees in the event of a civil action by the dealer. The supplier shall pay the cost of the return, handling, packing, and loading of all of the items repurchased under this section.
(Act 2009-755, p. 2279, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-13 - Remedies.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-13 - Remedies.
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Section 8-21B-13
Remedies.
Notwithstanding the terms, provisions, or conditions of any dealer agreement, any person who suffers bodily injury, loss of profit, or property damage as a result of a violation of this chapter may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations and to recover the damages sustained by him or her together with the costs of the suit, including a reasonable attorney's fee. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
(Act 2009-755, p. 2279, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-14 - Civil Action.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-14 - Civil Action.
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Section 8-21B-14
Civil action.
Any civil action commenced under this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of this chapter.
(Act 2009-755, p. 2279, §14.)
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https://law.justia.com/codes/alabama/title-8/chapter-21b/section-8-21b-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21B - Alabama Heavy Equipment Dealer Act.›Section 8-21B-15 - Application of Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-15 - Application of Chapter.
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Section 8-21B-15
Application of chapter.
This chapter shall apply to all dealer agreements in force and effect on May 22, 2009, and to all dealer agreements, amendments, and renewals to dealer agreements made after May 22, 2009.
(Act 2009-755, p. 2279, §17.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-1 - Legislative Intent; Applicability.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-1 - Legislative Intent; Applicability.
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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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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-2 - Definitions.
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Section 8-21C-2
Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) AREA OF SALES RESPONSIBILITY. The geographical area, agreed to by the dealer and the manufacturer or the distributor or in the manufacturer and dealer agreement, within which the dealer has the exclusive right to display or sell new recreational vehicles of a particular line-make of the manufacturer or distributor to the retail public.
(2) CAMPING TRAILER. A vehicular unit that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
(3) DEALER. Any person, firm, corporation, or business engaged in the business of selling recreational vehicles to the general public and that maintains a permanent business establishment including a service and repair facility which offers mechanical services for the recreational vehicles it sells.
(4) DISTRIBUTOR. Any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers.
(5) FACTORY CAMPAIGN. An effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue.
(6) FAMILY MEMBER. A spouse or a child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof.
(7) FIFTH WHEEL TRAILER. A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.
(8) LINE-MAKE. A specific series of recreational vehicle products that meets all of the following specifications:
a. Is identified by a common series trade name or trademark.
b. Is targeted to a particular market segment, as determined by the decor, features, equipment, size, weight, and price range.
c. Has lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight.
d. Belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body.
e. Is a product that the manufacturer and dealer agreement authorizes the dealer to sell.
(9) MANUFACTURER. Any person, firm, corporation, or business entity that engages in the manufacture of recreational vehicles.
(10) MANUFACTURER AND DEALER AGREEMENT. A written agreement or contract entered into between a manufacturer or a distributor and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles.
(11) MOTOR HOME. A motorized, vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use.
(12) PROPRIETARY PART. Any part manufactured by or for and sold exclusively by the manufacturer.
(13) RECREATIONAL VEHICLE. A motor home, travel trailer, fifth wheel trailer, camping trailer, and truck camper.
(14) SUPPLIER. Any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components.
(15) TRANSIENT CUSTOMER. A customer who is temporarily traveling through a dealer's area of sales responsibility.
(16) TRAVEL TRAILER. A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit when towed by a motorized vehicle.
(17) TRUCK CAMPER. A portable unit, constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides and designed to be loaded onto and unloaded from the back of a pickup truck.
(18) WARRANTOR. Any person, firm, corporation, or business entity, including any manufacturer or distributor, that provides a written warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components thereof. The term does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer or distributor.
(Act 2011-636, p. 1529, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-3 - Manufacturer and Dealer Agreement - Required for Sales by Manufacturer or Distribu...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-3 - Manufacturer and Dealer Agreement - Required for Sales by Manufacturer or Distributor.
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Section 8-21C-3
Manufacturer and dealer agreement - Required for sales by manufacturer or distributor.
(a)(1) After September 30, 2011, a manufacturer or distributor may not sell a recreational vehicle in this state to or through a dealer without having first entered into a manufacturer and dealer agreement with the dealer which has been signed by both parties.
(2) A dealer may not sell a new recreational vehicle in this state without having first entered into a manufacturer and dealer agreement with a manufacturer or distributor which has been signed by both parties.
(b) The manufacturer or distributor shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer and dealer agreement. Except as provided in subsection (c), the manufacturer or distributor may not review or change the area of sales responsibility without the consent of both parties or contract with another dealer for the sale of the same line-make in the designated area until at least one year after the execution of the manufacturer and dealer agreement.
(c) If, subsequent to entering into a manufacturer and dealer agreement, a dealer enters into an agreement to sell any competing recreational vehicle products, or enters into an agreement to increase its pre-existing commitment to sell any competing recreational vehicle products, a manufacturer or distributor may revise the area of sales responsibility designated in the manufacturer and dealer agreement if the market penetration of the manufacturer's or distributor's products is jeopardized by the dealer's subsequent agreements.
(d) When taking on an additional line-make of recreational vehicle, a dealer shall notify in writing any manufacturer or distributor of a competing similar product line with whom the dealer has a manufacturer and dealer agreement at least 30 days subsequent to entering into a manufacturer and dealer agreement with the manufacturer or distributor of the additional line-make.
(Act 2011-636, p. 1529, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-4 - Manufacturer and Dealer Agreement - Termination, Cancellation, Etc.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-4 - Manufacturer and Dealer Agreement - Termination, Cancellation, Etc.
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Section 8-21C-4
Manufacturer and dealer agreement - Termination, cancellation, etc.
(a) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a manufacturer and dealer agreement with or without cause. If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and dealer agreement without cause, the manufacturer or distributor shall comply with Section 8-21C-5. If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and dealer agreement with cause, Section 8-21C-5 does not apply.
(b) A manufacturer or distributor has the burden of showing cause for terminating, canceling, or failing to renew a manufacturer and dealer agreement with a dealer. For purposes of determining whether there is cause for the proposed action, any of the following factors may be considered:
(1) The extent of the affected dealer's penetration in the area of sales responsibility.
(2) The nature and extent of the dealer's investment in its business.
(3) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel.
(4) The effect of the proposed action on the community.
(5) The extent and quality of the dealer's service under recreational vehicle warranties.
(6) The failure to follow agreed upon procedures or standards related to the overall operation of the dealership.
(7) The dealer's performance under the terms of the manufacturer and dealer agreement.
(c) In the event the manufacturer or distributor is terminating the agreement for cause and except as otherwise provided in this section, a manufacturer or distributor shall provide the dealer, at least 120 days prior, with a written notice of termination, cancellation, or nonrenewal of the manufacturer and dealer agreement for cause.
(d)(1) A manufacturer or distributor that terminates a dealer agreement pursuant to subsection (c) shall provide a notice stating all reasons for the proposed termination, cancellation, or nonrenewal. The notice shall further state that if, within 30 days following receipt of the notice, the dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the dealer shall then have 120 days following receipt of the notice to rectify the deficiencies. If the deficiencies are rectified within 120 days, the manufacturer's or distributor's notice is void. If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period, the termination, cancellation, or nonrenewal takes effect 30 days after the receipt by the dealer of the notice unless the dealer has new and untitled inventory on hand. The dealer may dispose of the inventory pursuant to Section 8-21C-5.
(2) The notice period for a termination for cause may be reduced to 30 days if the grounds of the manufacturer or distributor for termination, cancellation, or nonrenewal are due to any of the following factors:
a. A dealer or any of its owners is convicted of, or enters a plea of nolo contendere to, a felony.
b. The dealer abandons or closes the business operations of the dealer for 10 consecutive business days unless the closing is due to a natural disaster, fire, labor difficulty, act of terrorism, war, riot, or other cause over which the dealer has no control.
c. A significant misrepresentation by the dealer materially affecting the business relationship.
d. A suspension or revocation of any license the dealer is required to possess, or a refusal by a licensing authority to renew a required license.
e. A material violation of this chapter which is not cured within 30 days after the written notice by the manufacturer or distributor.
(e) The notice provisions of subsections (c) and (d) do not apply if the reason for termination, cancellation, or nonrenewal is the insolvency of the dealer or the occurrence of an assignment for the benefit of creditors or bankruptcy.
(f)(1) A dealer may terminate or cancel its manufacturer and dealer agreement with a manufacturer or distributor with or without cause by giving 30 days written notice. If the termination or cancellation is for cause, the notice shall state all reasons for the proposed termination or cancellation and shall further state that if, within 30 days following receipt of the notice, the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have 120 days following receipt of the original notice to rectify the deficiencies. If the deficiencies are rectified within 120 days, the dealer's notice is void. If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies in the time period prescribed in the original notice of termination or cancellation, the pending termination or cancellation shall take effect 30 days after the receipt by the manufacturer or distributor of the original notice.
(2) If the dealer terminates, cancels, or fails to renew the manufacturer and dealer agreement without good cause, the terms of Section 8-21C-5 do not apply. If the dealer terminates, cancels, or fails to renew the manufacturer and dealer agreement for good cause, Section 8-21C-5 applies. The dealer has the burden of showing cause. Any of the following shall be deemed cause for the proposed termination, cancellation, or nonrenewal action by a dealer:
a. The manufacturer or distributor being convicted of, or entering a plea of nolo contendere to, a felony.
b. The business operations of the manufacturer or distributor have been abandoned or closed for 10 consecutive business days, unless the closing is due to a natural disaster, fire, labor difficulty, act of terrorism, war, riot, or other cause over which the manufacturer or distributor has no control.
c. A significant misrepresentation by the manufacturer or distributor materially affecting the business relationship.
d. A material violation of this chapter which is not cured within 30 days after written notice by the dealer.
(3) The notice provisions of subdivisions (1) and (2) do not apply if the reason for termination, cancellation, or nonrenewal is the insolvency of the manufacturer or distributor or the occurrence of an assignment for the benefit of creditors or bankruptcy.
(Act 2011-636, p. 1529, §4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-5 - Manufacturer and Dealer Agreement - Actions Upon Failure to Cure Deficiencies.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-5 - Manufacturer and Dealer Agreement - Actions Upon Failure to Cure Deficiencies.
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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, and that have not been altered or damaged at 100 percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer. In the event any of the vehicles repurchased pursuant to this subdivision are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost of repairing the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery does not disqualify repurchase under this subdivision.
(2) Repurchase all undamaged accessories and proprietary parts sold to the dealer for resale within the 12 months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at 105 percent of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts.
(3) Repurchase any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at 100 percent of the dealer's net cost plus freight, destination, delivery, and distribution charges and sales taxes, if any, if the items were purchased by the dealer within 5 years before termination, cancellation, or nonrenewal, upon the manufacturer's or distributor's request, and which the dealer meets the burden of establishing, and can no longer be used in the normal course of the dealer's ongoing business.
(b) The manufacturer or distributor shall pay the dealer within 30 days after receipt of the repurchased items.
(Act 2011-636, p. 1529, §5.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-6 - Change of Dealer Ownership.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-6 - Change of Dealer Ownership.
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Section 8-21C-6
Change of dealer ownership.
(a) If a dealer desires to make a change in ownership by the sale of the business assets, a stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least 15 business days before the closing, including all supporting documentation as may be reasonably required by the manufacturer or distributor to determine if an objection to the sale may be made. In the absence of a breach by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor may not object to the proposed change in ownership unless any of the following circumstances is present:
(1) The prospective transferee has previously been terminated by the manufacturer or distributor for breach of its dealer agreement.
(2) The prospective transferee has been convicted of a felony or any crime of fraud, deceit, or moral turpitude.
(3) The prospective transferee lacks any license required by law.
(4) The prospective transferee does not have an active line of credit sufficient to purchase a manufacturer's or distributor's product.
(5) The prospective transferee has undergone in the last 10 years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee's business or property. This subdivision may be waived if the prospective transferee meets all of the requirements of this section and if the prospective transferee fully qualifies under the manufacturer's or lender's financial criteria.
(b) If the manufacturer or distributor objects to a proposed change of ownership, the manufacturer or distributor shall give written notice of its reasons to the dealer within 10 business days after receipt of the dealer's notification and complete documentation. The manufacturer or distributor has the burden of proof with regard to its objection. If the manufacturer or distributor does not give timely notice of its objection, the change or sale shall be deemed approved.
(c) A manufacturer or distributor shall allow a dealer an opportunity to designate, in writing, a family member as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. The manufacturer or distributor may not prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within 10 business days after receipt of the dealer's modification of the dealer's succession plan. In the absence of a breach of the dealer agreement, the manufacturer or distributor may object to the succession for the following reasons only:
(1) Conviction of the successor of a felony or any crime involving fraud, deceit, or moral turpitude.
(2) Bankruptcy or insolvency of the successor during the past 10 years. This subdivision can be waived if the prospective successor meets all of the requirements of this section and if the prospective successor fully qualifies under the manufacturer's or lender's financial criteria.
(3) Prior termination by the manufacturer or distributor of the successor for breach of a dealer agreement.
(4) The lack of an active line of credit for the successor sufficient to purchase the manufacturer's or distributor's product.
(5) The lack of any license required by law of the successor.
(d) The manufacturer or distributor has the burden of proving its objection. A family member may not succeed to a dealership if the succession involves, without the manufacturer's or distributor's consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer and dealer agreement.
(Act 2011-636, p. 1529, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-21c/section-8-21c-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-7 - Duties of Warrantors; Warranty Claims.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-7 - Duties of Warrantors; Warranty Claims.
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Section 8-21C-7
Duties of warrantors; warranty claims.
(a) Each warrantor shall do all of the following:
(1) Specify in writing each of its dealer obligations, if any, for preparation, delivery, and warranty service on its products.
(2) Compensate a dealer for warranty service required of the dealer by the warrantor.
(3) Provide a dealer the schedule of compensation to be paid and the time allowances for the performance of any work and service. The schedule of compensation shall include reasonable compensation for diagnostic work as well as warranty labor.
(b) Time allowances for the diagnosis and performance of warranty labor shall be reasonable for the work to be performed. In the determination of what constitutes reasonable compensation under this section, the principal factors to be given consideration shall be the actual wage rates being paid by the dealer and the actual retail labor rate being charged by the dealers in the community in which the dealer is doing business. The compensation of a dealer for warranty labor may not be less than the lowest retail labor rates actually charged by the dealer for like non-warranty labor as long as such rates are reasonable.
(c) The warrantor shall reimburse the dealer for warranty parts at actual wholesale cost plus a minimum 30 percent handling charge and the cost, if any, of freight to return warranty parts to the warrantor.
(d) Warranty audits of dealer records may be conducted by the warrantor on a reasonable basis, and dealer claims for warranty compensation may not be denied except for cause, such as performance of non-warranty repairs, material noncompliance with the warrantor's published policies and procedures, lack of material documentation, fraud, or misrepresentation.
(e) The dealer shall submit warranty claims within 30 days after completing work.
(f) The dealer shall immediately notify the warrantor in writing if the dealer is unable to perform any warranty repairs within 10 days of receipt of verbal or written complaints from a consumer.
(g) The warrantor shall disapprove warranty claims in writing within 30 days after the date of submission by the dealer in the manner and form prescribed by the warrantor. Claims not specifically disapproved in writing within 30 days shall be construed to be approved and shall be paid within 60 days of submission.
(h) It is a violation of this chapter for any warrantor to do any of the following:
(1) Fail to perform any of its warranty obligations with respect to its warranted products.
(2) Fail to include, in written notices of factory campaigns to recreational vehicle owners and dealers, the expected date by which necessary parts and equipment, including tires and chassis or chassis parts, will be available to dealers to perform the campaign work. The warrantor may ship parts to the dealer to effect the campaign work, and, if such parts are in excess of the dealer's requirements, the dealer may return unused parts to the warrantor for credit after completion of the campaign.
(3) Fail to compensate any of its dealers for authorized repairs effected by the dealer of merchandise damaged in manufacture or transit to the dealer, if the carrier is designated by the warrantor, factory branch, distributor, or distributor branch.
(4) Fail to compensate any of its dealers in accordance with the schedule of compensation provided to the dealer pursuant to this section if performed in a timely and competent manner.
(5) Intentionally misrepresent in any way to purchasers of recreational vehicles that warranties with respect to the manufacture, performance, or design of the vehicle are made by the dealer as warrantor or co-warrantor.
(6) Require the dealer to make warranties to customers in any manner related to the manufacture of the recreational vehicle.
(i) It is a violation of this chapter for any dealer to do any of the following:
(1) Fail to perform pre-delivery inspection functions, as specified by the warrantor, in a competent and timely manner so long as there are specific instructions from the manufacturer.
(2) Fail to perform warranty service work authorized by the warrantor in a reasonably competent and timely manner on any transient customer's vehicle of the same line-make.
(3) Fail to accurately document the time spent completing each repair, the total number of repair attempts conducted on a single unit, and the number of repair attempts for the same repair conducted on a single vehicle.
(4) Fail to notify the warrantor within 10 days of a second repair attempt which impairs the use, value, or safety of the vehicle.
(5) Fail to maintain written records, including a consumer's signature, regarding the amount of time a unit is stored for the consumer's convenience during a repair.
(6) Make fraudulent warranty claims or misrepresent the terms of any warranty.
(Act 2011-636, p. 1529, §7.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-8 - Indemnification.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-8 - Indemnification.
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Section 8-21C-8
Indemnification.
Notwithstanding the terms of any manufacturer and dealer agreement:
(1) A warrantor shall indemnify and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer shall provide to the warrantor a copy of any pending lawsuit or similar proceeding in which allegations are made that come within this subsection within 10 days after receiving such suit.
(2) A dealer shall indemnify and hold harmless its warrantor against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the dealer. The warrantor shall provide to the dealer a copy of any pending lawsuit or similar proceeding in which allegations are made that come within this subsection within 10 days after receiving such suit.
(Act 2011-636, p. 1529, §8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-9 - Notification of Pre-Delivery Damage.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-9 - Notification of Pre-Delivery Damage.
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Section 8-21C-9
Notification of pre-delivery damage.
(a) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the time frame specified in the manufacturer and dealer agreement and shall do either of the following:
(1) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage.
(2) Reject the vehicle within the time frame set forth in subsection (d).
(b) If the manufacturer or distributor refuses or fails to authorize repair of the damage within 10 days after receipt of notification, or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the manufacturer or distributor.
(c) The dealer shall exercise due care while having custody of the damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle.
(d) The time frame for inspection and rejection by the dealer must be part of the manufacturer and dealer agreement and may not be less than two business days after the physical delivery of the recreational vehicle.
(e) Any recreational vehicle that, at the time of delivery to the dealer, has an unreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor. In no instance shall a dealer deem an amount less than the distance between the dealer and the manufacturer's factory or a distributor's point of distribution, plus 100 miles, as unreasonable.
(Act 2011-636, p. 1529, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-21c/section-8-21c-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-10 - Coercion Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-10 - Coercion Prohibited.
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Section 8-21C-10
Coercion prohibited.
(a) A manufacturer or distributor may not coerce or attempt to coerce a dealer to do any of the following:
(1) Purchase a product that the dealer did not order.
(2) Enter into an agreement with the manufacturer or distributor.
(3) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter.
(b) As used in this section, the term coerce includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer and dealer agreement without good cause or threatening to withhold product lines the dealer is entitled to purchase pursuant to the manufacturer and dealer agreement or delay product delivery as an inducement to amending the manufacturer and dealer agreement.
(Act 2011-636, p. 1529, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-21c/section-8-21c-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 21C - Sale of Recreational Vehicles.›Section 8-21C-11 - Civil Action for Damages.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-11 - Civil Action for Damages.
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Section 8-21C-11
Civil action for damages.
(a) A dealer, manufacturer, distributor, or warrantor injured by another party's violation of this chapter may bring a civil action in circuit court to recover actual damages. The court shall award attorney's fees and costs to the prevailing party in such an action. Venue for any civil action authorized by this section shall be exclusively in the county in which the dealer's business is located. In an action involving more than one dealer, venue may be in any county in which any dealer that is party to the action is located.
(b)(1) Prior to bringing suit under this section, the party bringing suit for an alleged violation shall serve a written demand for mediation upon the offending party.
a. The demand for mediation shall be served upon the other party via certified mail at the address stated within the manufacturer and dealer agreement between the parties.
b. The demand for mediation shall contain a brief statement of the dispute and the relief sought by the party filing the demand.
(2) Within 20 days after the date a demand for mediation is served, the parties shall mutually select an independent certified mediator and meet with that mediator for the purpose of attempting to resolve the dispute. The meeting place shall be in this state in a location selected by the mediator. The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.
(3) The service of a demand for mediation under this section shall toll the time for the filing of any complaint, petition, protest, or other action under this chapter until representatives of both parties have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint, petition, protest, or other action is filed before that meeting, the court shall enter an order suspending the proceeding or action until the mediation meeting has occurred and may, upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, enter an order suspending the proceeding or action for as long a period as the court considers appropriate.
(4) The parties to the mediation shall bear their own costs for attorney's fees and divide equally the cost of the mediator.
(c) In addition to the remedies provided in this section and notwithstanding the existence of any additional remedy at law, a dealer, manufacturer, distributor, or warrantor, is authorized to make application to a circuit court, upon a hearing and for cause shown, for the grant of a temporary or permanent injunction, or both, restraining any person from acting as a dealer without being properly licensed, from violating or continuing to violate any of the provisions of this chapter, or from failing or refusing to comply with the requirements of this chapter. The injunction shall be issued without bond. A single act in violation of the provisions of this chapter shall be sufficient to authorize the issuance of an injunction.
(Act 2011-636, p. 1529, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-1 - Short Title.
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Section 8-22-1
Short title.
This act shall be known and may be cited as the "Motor Fuel Marketing Act."
(Acts 1984, No. 84-260, p. 433, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-2 - Legislative Findings.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-2 - Legislative Findings.
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Section 8-22-2
Legislative findings.
The Legislature makes the following findings with respect to the marketing of motor fuel in Alabama:
(1) Marketing of motor fuel is affected with the public interest.
(2) Unfair competition in the marketing of motor fuel occurs whenever costs associated with the marketing of motor fuel are recovered from other operations, allowing the refined motor fuel to be sold at subsidized prices. Such subsidies most commonly occur in one of three ways: when refiners use profits from refining of crude oil to cover below normal or negative returns earned from motor fuel marketing operations; and where a marketer with more than one location uses profits from one location to cover losses from below-cost selling of motor fuel at another location.
(3) Independent motor fuel marketers (i.e., dealers, distributors, jobbers, and wholesalers) are unable to survive predatory subsidized pricing at the marketing level by persons when all of an independent's income comes from marketing operations.
(4) Subsidized pricing is inherently predatory and is reducing competition in the petroleum industry, and if it continues unabated, will ultimately threaten the consuming public.
(Acts 1984, No. 84-260, p. 433, §2; Act 2015-225, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-3 - Legislative Declaration and Intent.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-3 - Legislative Declaration and Intent.
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Section 8-22-3
Legislative declaration and intent.
It is hereby declared that marketing of motor fuel in Alabama is affected with the public interest. It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against creation of monopolies or unfair methods of competition, in transactions involving the sale of, or offer to sell, or inducement to sell motor fuel in the wholesale and retail trades in this state. It is further declared that the advertising, offering for sale, or sale of motor fuel below cost or at a cost lower than charged other persons on the same marketing level with the intent of injuring competitors or destroying or substantially lessening competition is an unfair and deceptive trade practice. The policy of the state is to promote the general welfare through the prohibition of such sales. The purpose of the Motor Fuel Marketing Act is to carry out that policy in the public interest, providing for exceptions under stated circumstances, providing for enforcement and providing penalties.
(Acts 1984, No. 84-260, p. 433, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-4 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-4 - Definitions.
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Section 8-22-4
Definitions.
The following terms shall have the meanings ascribed to them in this section unless otherwise stated and unless the context or subject matter clearly indicates otherwise:
(1) PERSON. Any person, firm, association, organization, partnership, business trust, joint stock company, company, corporation, or legal entity.
(2) MOTOR FUEL. Those products upon which the state excise tax levied, or defined, in Sections 40-17-1 through 40-17-52 and 40-17-170, as amended, is imposed.
(3) WHOLESALER. Includes any person qualified as a wholesaler of motor fuel with the state Revenue Commissioner, and shall also mean and include any person, other than a buying pool defined herein, wherever resident or located, who brings or causes to be brought into this state motor fuel purchased directly from the manufacturer thereof.
(4) WHOLESALE DISTRIBUTION. Any person, or the act of any person, including any affiliate of such person, in commerce within the state, who purchases motor fuel for sale, consignment or distribution to another, or, receives motor fuel on consignment for consignment or distribution to his own motor fuel accounts or to accounts of his supplier, but shall not include a person who is an employee of, or merely serves as, a common carrier providing transportation services for such supplier.
(5) RETAILER. Includes any person who is engaged in this state in the business of selling motor fuel at retail to the general public for ultimate consumption, and includes any group of persons, cooperative organizations, buying pools and any other person or group purchasing motor fuel on a cooperative basis from licensed distributors or wholesalers.
(6) BUYING POOL. Includes any combination, corporation, association, affiliation or group of retail dealers operating jointly in the purchase, sale, exchange or barter of motor fuel, the profits of which accrue directly or indirectly to such retail dealers.
(7) SALE or SELL. Any transfer for a combination, exchange, barter, gift, offer for sale, advertising for sale, soliciting an order for motor fuel and distribution in any manner or by any means whatsoever.
(8) SELL AT WHOLESALE, SALE AT WHOLESALE and WHOLESALES. Includes any sale made in the ordinary course of trade or usual conduct of the wholesaler's business to a retailer for the purpose of resale.
(9) SELL AT RETAIL, SALE AT RETAIL and RETAIL SALES. Includes any sale for consumption or use in the ordinary course of trade or usual conduct of the seller's business.
(10) CUSTOMARY DISCOUNT FOR CASH. Includes any allowance, whether a part of a larger discount or not, made to a wholesaler or retailer when such person pays for motor fuel within a limited or specified time.
(11) REFINER. Any person engaged in the production or refining of motor fuel, whether such production or refining occurs in this state or elsewhere, and includes any affiliate of such person.
(12) COST TO REFINER. That refiner's posted terminal price to the wholesale class of trade. In the event a refiner does not regularly sell to the wholesale class of trade at that terminal or does not post such a terminal price, it may use as its cost the posted price of any other refiner at any terminal within the general trade area which has products readily available for sale to the wholesale class of trade.
(13) COMPETITION. Includes any person who competes with another person in the same market area at the same level of distribution.
(14) BASIC COST OF MOTOR FUEL. Whichever of the two following amounts is lower, namely, (i) the most recent invoice cost of motor fuel to the wholesaler or retailer, as the case may be, or (ii) the weighted-average cost of motor fuel to the wholesaler or retailer, as the case may be, in either of the two cases, all trade discounts except customary discounts for cash, plus the full value of freight costs and any taxes which may be required by law, now in effect or hereafter enacted, if not already included in the invoice cost of the motor fuel to the wholesaler or retailer, as the case may be. In computing its basic cost of motor fuel, its cost of doing business and in meeting competition under Section 8-22-8; a refiner that assesses a processing fee of any kind for credit card transactions must assess such fees in a like manner to its affiliates.
(15) COST TO WHOLESALER. As applied to wholesale distribution, the most recent invoice or weighted-average cost of the motor fuel, whichever is less, less all trade discounts except customary discounts for cash, to which shall be added all applicable state, federal and local taxes, inspection fees, freight charges not otherwise included in the cost of motor fuel, cartage to the retail outlet, if paid by the wholesaler, plus the cost of doing business.
(16) COST TO RETAILER. As applied to retail sales, the most recent invoice or weighted-average cost of the motor fuel, whichever is less, less all trade discounts except customary discounts for cash, to which shall be added all applicable state, federal and local taxes, inspection fees, freight cost, if paid by the retailer, plus the cost of doing business.
(17) COST OF DOING BUSINESS or OVERHEAD EXPENSES. Includes all costs incurred in the conduct of business, including but not limited to: labor (including salaries of executives and officers), rent (which rent must be no less than fair market value based on current use), interest on borrowed capital, depreciation, selling cost, maintenance of equipment, transportation or freight cost, losses due to breakage or damage; credit card fees, or other charges; credit losses, all types of licenses, taxes, insurance, and advertising.
(18) TRANSFER PRICE. Includes the price used by a person in transferring motor fuel to itself or an affiliate for resale at another marketing level. Such price shall be determined using standard, functional accounting procedures.
(19) AFFILIATE. Any person who (other than by means of franchise) controls, is controlled by, or is under common control with, any other person.
(20) OTHER GOODS. Any other articles, products, commodities, gifts, or concessions sold in a combined sale with motor fuel.
(21) BASIC COST OF OTHER GOODS. The lower of the two following amounts:
a. The most recent invoice cost of other goods to the wholesaler or retailer, as the case may be, less all trade discounts except customary discounts for cash, plus the full value of freight costs and any taxes which may be required by law, now in effect or hereafter enacted, if not already included in the invoice cost of the other goods to the wholesaler or retailer, as the case may be.
b. The weighted-average cost of other goods to the wholesaler or retailer, as the case may be, less all trade discounts except customary discounts for cash, plus the full value of freight costs and any taxes which may be required by law, now in effect or hereafter enacted, if not already included in the invoice cost of the other goods to the wholesaler or retailer, as the case may be.
(Acts 1984, No. 84-260, p. 433, §4; Act 2015-225, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-5 - Oil Transfer Price Disclosure Required.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-5 - Oil Transfer Price Disclosure Required.
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Section 8-22-5
Oil transfer price disclosure required.
All persons engaged in commerce in this state are required to disclose, upon request, their transfer prices on each grade of motor fuel transferred or sold to itself or an affiliate for resale at another marketing level of distribution. Such disclosure shall only be made to those persons affected by such transfer prices or in any legal proceedings arising from this chapter.
(Acts 1984, No. 84-260, p. 433, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-6 - Certain Below Cost Fuel Sales Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-6 - Certain Below Cost Fuel Sales Prohibited.
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Section 8-22-6
Certain below cost fuel sales prohibited.
It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons on the same day and on the same level of distribution, within the same market area, where the effect is to injure competition.
(Acts 1984, No. 84-260, p. 433, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-7 - Certain Below Cost Fuel Transfers Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-7 - Certain Below Cost Fuel Transfers Prohibited.
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Section 8-22-7
Certain below cost fuel transfers prohibited.
It shall be unlawful for any person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale at another marketing level of distribution at a transfer price that is below cost or lower than the price it charges a person who purchases for resale on the same day and at the same distribution level, within the same market area, where the effect is to injure competition.
(Acts 1984, No. 84-260, p. 433, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-8 - Certain Sales and Transfer Price Differentials Authorized.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-8 - Certain Sales and Transfer Price Differentials Authorized.
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Section 8-22-8
Certain sales and transfer price differentials authorized.
(a) It is not a violation of this chapter if a difference exists between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale at the same level of distribution, including any discounts, rebates, allowances, services, facilities granted any of a supplier's own marketing operations in excess of those provided to a person who purchases for resale at the same level of distribution, if the lower price is due to a cost differential incurred because of a difference in shipping method, transportation, marketing, sale or quantity, in which such motor fuel is sold.
(b) It is not a violation of this chapter if any price is established in good faith to meet an equally low price of a competitor in the same market area on the same level of distribution selling the same or a similar product of like grade and quality or is exempt under Section 8-22-13.
(c) It is not a violation of this chapter for a retailer to offer to sell, or sell, motor fuel in a combined sale with other goods when the retailer's combined selling price is not below the cost to the retailer of all motor fuel and other goods included in the transactions. A combined sale permitted by this chapter includes both contemporaneous sales and also sales or series of sales that are not contemporaneous, including where the purchaser receives accrued discounts or credits on motor fuel as a result of the purchaser's earlier purchases of other goods from the retailer.
(Acts 1984, No. 84-260, p. 433, §8; Act 2015-225, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-9 - Unlawful Acts Generally.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-9 - Unlawful Acts Generally.
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Section 8-22-9
Unlawful acts generally.
It shall be unlawful under this section:
(1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition.
(2) For any person, where the effect is to injure competition, to offer a rebate, to offer to give a rebate, to offer a concession of any kind in connection with the sale of motor fuel.
(3) For any retailer to induce or attempt to induce or to procure or attempt to procure the purchase of motor fuel at a price less than cost to wholesaler. Any person who violates any provision of this section shall be subject to the provisions and penalties of this chapter.
(Acts 1984, No. 84-260, p. 433, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-10 - Below Cost Combined Selling Price of Motor Fuel and Promotional Gifts, etc., Prohi...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-10 - Below Cost Combined Selling Price of Motor Fuel and Promotional Gifts, etc., Prohibited.
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Section 8-22-10
Below cost combined selling price of motor fuel and promotional gifts, etc., prohibited.
In all advertisements, offers for sale or sales involving two or more items, at least one of which items is motor fuel, at a combined price, and in all advertisements, offers of sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherwise), the wholesaler's or retailer's combined selling price shall not be below the cost to the wholesaler or the cost to the retailer, respectively, of the total of all motor fuel and other goods.
(Acts 1984, No. 84-260, p. 433, §10; Act 2015-225, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-11 - Sales Between Wholesalers.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-11 - Sales Between Wholesalers.
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Section 8-22-11
Sales between wholesalers.
When one wholesaler sells motor fuel to any other wholesaler, the former shall not be required to include in his selling price to the latter "cost to the wholesaler" as provided by Section 8-22-4, but the latter wholesaler, upon resale to a retailer, shall be subject to the provisions of said section.
(Acts 1984, No. 84-260, p. 433, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-12 - Applicability of Chapter Generally.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-12 - Applicability of Chapter Generally.
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Section 8-22-12
Applicability of chapter generally.
(a) The provisions of the Motor Fuel Marketing Act shall not apply to a sale at wholesale or a sale at retail made
(1) In an isolated transaction and not in the usual course of business;
(2) Where motor fuels are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such motor fuel, and said advertising, offer to sell, or sale shall state the reason thereafter and the quantity of such motor fuel advertised, offered for sale, or to be sold;
(3) Where motor fuel is advertised, offered for sale, or sold as imperfect or damaged, and said advertising, offer of sale or sale shall state the reason therefor and the quantity of such motor fuel advertised, offered for sale, or to be sold;
(4) Where motor fuel is sold upon the final liquidation of a business; or
(5) Where motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court.
(b) The notice required to be given under this section shall not be sufficient unless the subject of such sales is kept separate from other stocks and clearly and legibly marked with the reason for such sales, and any advertisement of such goods must indicate the same facts and the quantity to be sold.
(Acts 1984, No. 84-260, p. 433, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-13 - Competitive Sales, Etc.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-13 - Competitive Sales, Etc.
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Section 8-22-13
Competitive sales, etc.
(a) Any wholesaler may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is rendering the same type service and is selling the same article at cost to the said competing wholesaler as defined in this chapter. Any retailer may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the said competing retailer as defined in this chapter. The price of motor fuel advertised, offered for sale, or sold under the exceptions specified in Section 8-22-12 shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.
(b) In the absence of proof of the actual cost to the said competing wholesaler or the said competing retailer, as the case may be, such cost may be presumed to be the lowest cost to wholesalers or the lowest cost to retailers, as the case may be, within the same market area as determined by a cost survey made pursuant to subsection (b) of Section 8-22-15.
(Acts 1984, No. 84-260, p. 433, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-14 - Contracts Violative of Chapter Rendered Void and Unenforceable.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-14 - Contracts Violative of Chapter Rendered Void and Unenforceable.
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Section 8-22-14
Contracts violative of chapter rendered void and unenforceable.
Any contract, express or implied, made by any person in violation of any of the provisions of this chapter, is illegal and void and no recovery shall be had thereon.
(Acts 1984, No. 84-260, p. 433, §14.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-15 - Determination of Cost to Wholesaler, Etc.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-15 - Determination of Cost to Wholesaler, Etc.
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Section 8-22-15
Determination of cost to wholesaler, etc.
(a) In determining cost to the wholesaler and cost to the retailer, the court of jurisdiction shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under this chapter purchased the motor fuel involved in the complaint, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true costs, discounts or terms of purchase, and shall also receive and consider as bearing on the bona fides of such costs, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the market area.
(b) Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for a market area in which a violation of this chapter is committed or charged, to determine and establish on the basis of actual existing conditions the lowest cost to wholesalers or the lowest cost to retailers within the said area, the said cost survey shall be deemed competent evidence in any action or proceeding under this chapter as tending to prove actual cost to the wholesaler or actual cost to the retailer complained against, but any party against whom any such cost survey may be introduced in evidence shall have the right to offer evidence tending to prove any inaccuracy of such cost survey or any state of facts which would impair its probative value.
(Acts 1984, No. 84-260, p. 433, §15.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-17 - Equity Action by Person Injured From Violation of Chapter Authorized; Injunctive R...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-17 - Equity Action by Person Injured From Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction.
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Section 8-22-17
Equity action by person injured from violation of chapter authorized; injunctive relief; damages; attorneys fees; jurisdiction.
(a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit, including reasonable attorney's fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and cost of suit, including reasonable attorney's fees, shall be entitled to recover from the defendant the damages sustained by him.
(b) A person injured as a result of an act or practice which violates this chapter may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and for actual damages. Any actual damages found to have resulted from violations of this chapter shall be trebled by the court in making its award. Any action under this subsection shall be brought within two years after the alleged violations occurred.
(c) The court, in making an award under subsection (b) of this section, may award court costs and reasonable attorney's fees to the prevailing party.
(d) The courts of this state are empowered with jurisdiction to hear and determine all cases brought under this section. Venue lies in any county where the defendant or any of them resides or does business or where the cause of action accrues.
(Acts 1984, No. 84-260, p. 433, §17.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-16 - Penalties.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-16 - Penalties.
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Section 8-22-16
Penalties.
(a) Any person who violates this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such person shall also be liable for attorney fees and shall be subject to injunctive relief. Each day that a violation of this chapter occurs shall be considered as a separate violation.
(b) The penalty may be assessed and recovered in a civil action brought by the Attorney General, or by any district attorney in any court of competent jurisdiction. If brought by a district attorney, 30 percent of the penalty shall be paid to the office of the district attorney which brought the action and 70 percent of the penalty shall be paid to the treasury of the county in which the judgment was entered. If brought by the Attorney General, one-half of the penalty shall be paid to the treasury of the county where the action was brought and one-half shall be paid to the State Treasury.
(Acts 1984, No. 84-260, p. 433, §16; Acts 1994, No. 94-699, p. 1353, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-22/section-8-22-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 22 - Motor Fuel Marketing.›Section 8-22-18 - Prima Facie Showing of Violation of Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-18 - Prima Facie Showing of Violation of Chapter.
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Section 8-22-18
Prima facie showing of violation of chapter.
In any action brought under Sections 8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted if the plaintiff shows:
(1) That the plaintiff's purchase price from a refiner or wholesaler is greater than said refiner's transfer price; or
(2) That the plaintiff's purchase price from a refiner or wholesaler plus the plaintiff's cost of doing business is greater than said refiner's or wholesaler's retail posted sales price; or
(3) That the plaintiff's basic cost of motor fuel plus the plaintiff's cost of doing business is greater than the posted sales price at a retail location of a competitor, within the plaintiff's marketing area, suspected of selling motor fuel in violation of this chapter.
(Acts 1984, No. 84-260, p. 433, §18.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-1 - Legislative Findings and Declaration.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-1 - Legislative Findings and Declaration.
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Section 8-23-1
Legislative findings and declaration.
The Legislature finds and declares that there exist in connection with a substantial number of contracts for health studio services certain practices and business and financing methods which have worked undue financial hardship upon some of the citizens of our state, and that existing legal remedies are inadequate to correct existing problems in the industry. The Legislature finds and declares that the health studio industry has a significant impact upon the economy and well-being of the people of the state and that the provisions of this chapter regulating health studio contracts are necessary for the public welfare.
(Acts 1984, No. 84-297, p. 661, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-2 - Definitions.
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Section 8-23-2
Definitions.
For purposes of this section, the following terms shall have the following meanings, unless the context requires otherwise:
(1) HEALTH STUDIO. Includes any person, firm, corporation, organization, club, or association engaged in the sale of instruction, training, or assistance in a program of physical exercise or weight reduction, which may include the use of a sauna, whirlpool bath, weight lifting room, massage, steam room, or other exercising or weight reduction machine or device. The term also includes any person, firm, corporation, organization, or association engaged in the sale of the right or privilege to use exercise or weight reduction equipment or facilities, such as a sauna, whirlpool bath, weight lifting room, massage, steam room, or other exercising or weight reduction machine or device. "Health studio" does not include bona fide nonprofit organizations which have been granted tax exempt status by the Internal Revenue Service, including but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or other similar organizations, whose functions as health studios are only incidental to their overall functions and purposes.
(2) HEALTH STUDIO SERVICES. Includes services, privileges, or rights offered for sale or provided by a "health studio."
(3) DIVISION. The Consumer Division of the office of Attorney General.
(Acts 1984, No. 84-297, p. 661, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-3 - Registration of Health Studio Sales Persons; Resident Agent; Security Bond.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-3 - Registration of Health Studio Sales Persons; Resident Agent; Security Bond.
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Section 8-23-3
Registration of health studio sales persons; resident agent; security bond.
(a) Each person who sells health studio services in this state shall register with the Attorney General's Consumer Protection Division on forms the division provides. The person shall furnish the full name and address of each business location where health studio services are sold as well as any other registration information the division deems appropriate.
(b) There shall be one registered agent representing each seller of health studio services in the county where a studio is located and shall serve as a resident agent for receipt of service of process.
(c) The division may bring an action for mandamus against a health studio to require the club to register or to have and maintain the surety required by this section.
(d) Every health studio which sells contracts for health studio services to be rendered at a planned health studio or a health studio under construction shall purchase a security bond in an amount not less than $50,000, or shall file with the division an irrevocable letter of credit by a surety company or lending institution permitted to do business in the state.
(e) A buyer of health studio services who suffers or sustains any loss or damage by reason of breach of contract or bankruptcy by the seller of the health studio services contract may bring an action based on the bond and recover against the surety.
(f) The liability of the surety under any bond may not exceed the aggregate amount of the bond, regardless of the number of amount of claims filed.
(g) If the claims filed should exceed the amount of the bond, the surety shall pay the amount of the bond to the division for distribution to claimants entitled to restitution and shall be relieved of all liability under the bond.
(h) Any person or business bonded under this section shall maintain accurate records of the bond and of premium payments on it. These records shall be open to inspection by the division at any time during normal business hours.
(Acts 1984, No. 84-297, p. 661, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-4 - Health Studio Services Contracts - Composition.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-4 - Health Studio Services Contracts - Composition.
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Section 8-23-4
Health studio services contracts - Composition.
Every contract for the sale of health studio services shall contain the following:
(1) Provisions for the penalty-free cancellation of the contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract's term or, if appropriate, the number of occasions health studio services are to be rendered, into the total contract price and multiplying the result by the number of complete days that have passed since the contract's making or, if appropriate, by the number of occasions that health studio services have been rendered.
(2) Provision for the cancellation of the contract if the health studio goes out of business and fails to provide facilities within five miles or moves its facilities more than five miles from the location designated in such contract, upon written notice by the buyer, with refund upon such notice of funds paid or accepted in payment of the contract or in an amount computed by dividing the contract price by the number of weeks of the contract's term and multiplying the result by the number of weeks remaining in the contract's term.
(3) Provision for the cancellation of the contract if the buyer dies or becomes totally and permanently disabled during the membership term following the date of such contract, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks of the contract's term and multiplying the result by the number of weeks remaining in the contract's term. The contract may require a buyer or the buyer's estate seeking relief under this subsection to provide reasonable proof of total and permanent disability or death.
(4) Provision that period over which the contract is financed shall not be for a period in excess of 24 months.
(5) Buyer has the right to rescind this agreement within a 30-day period after the facility becomes fully operational if there has been any misrepresentation concerning the facilities that would be available to said buyer.
(6) Provision that in the event that buyer moves out of town and there exists no affiliated facility within a 15-mile radius of buyer's new location the contract or membership agreement may be cancelled at buyer's option. On an installment sales contract a pro rata refund must be available at buyer's option.
(Acts 1984, No. 84-297, p. 661, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-5 - Health Studio Services Contracts - Written Contract Required; Rights of Buyer.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-5 - Health Studio Services Contracts - Written Contract Required; Rights of Buyer.
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Section 8-23-5
Health studio services contracts - Written contract required; rights of buyer.
Upon entering into a contract for health studio services, the buyer shall be provided with a written contract, which shall include the name, address, and primary place of business of the health studio. Prior to entering into any such contract, the health studio shall also provide the buyer with a current copy of any rules and regulations applicable to the buyer's use of the health studio.
(1) If a health studio facility is not in existence on the date the health studio contract is executed, the buyer may cancel the contract in the event the facility is not open for business on the date as provided by the contract.
(2) If the buyer cancels under this section, the health studio facility shall refund any deposit, down payment, or payment on the contract.
(Acts 1984, No. 84-297, p. 661, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-6 - Applicability of Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-6 - Applicability of Chapter.
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Section 8-23-6
Applicability of chapter.
The provisions of this chapter shall not apply to any contracts for health studio services entered into before August 13, 1984, or to the subsequent renewals of said contracts.
(Acts 1984, No. 84-297, p. 661, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-7 - Assignment of Contract; Notice.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-7 - Assignment of Contract; Notice.
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Section 8-23-7
Assignment of contract; notice.
No right of action or defense arising out of a contract for health studio services which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not he acquires the contract in good faith and for value unless the assignee gives notice of the assignment to the buyer as provided in this section and within 30 days of the mailing of notice receives no written notice of the facts giving rise to the claim or defense of the buyer. A notice of assignment shall be in writing addressed to the buyer at the address shown on the contract and shall identify the contract and inform the buyer that he must, within 30 days of the date of mailing of the notice, notify the assignee in writing of any facts giving rise to a claim or defense which he may have. The notice of assignment shall state the name of the seller and buyer, a description of the services, the contract balance and the number and amount of the installments.
(Acts 1984, No. 84-297, p. 661, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-8 - Restriction of Right of Action of Buyer Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-8 - Restriction of Right of Action of Buyer Prohibited.
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Section 8-23-8
Restriction of right of action of buyer prohibited.
No contract for health studio services shall require or entail the execution of any note or series of notes by the buyer which when separately negotiated will cut off as to the parties any right of action or defense which the buyer may have against the seller.
(Acts 1984, No. 84-297, p. 661, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-9 - Effect of Noncompliance With Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-9 - Effect of Noncompliance With Chapter.
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Section 8-23-9
Effect of noncompliance with chapter.
Any contract for health studio services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy.
(Acts 1984, No. 84-297, p. 661, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-10 - Supervision and Enforcement of Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-10 - Supervision and Enforcement of Chapter.
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Section 8-23-10
Supervision and enforcement of chapter.
Supervision and enforcement of the provisions of this chapter shall rest with the Attorney General and district attorneys of the several judicial circuits where such health studios are situated, respectively.
(Acts 1984, No. 84-297, p. 661, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-11 - Penalty.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-11 - Penalty.
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Section 8-23-11
Penalty.
Violation of this chapter shall constitute a Class C felony.
(Acts 1984, No. 84-297, p. 661, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-12 - Chapter Not Exclusive.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-12 - Chapter Not Exclusive.
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Section 8-23-12
Chapter not exclusive.
Provisions of this chapter are not exclusive and do not relieve the parties or contracts subject thereto from compliance with all other applicable laws.
(Acts 1984, No. 84-297, p. 661, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-23/section-8-23-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 23 - Health Studio Services.›Section 8-23-13 - Noncompliance With Chapter Constitutes Unfair Trade Practice.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-13 - Noncompliance With Chapter Constitutes Unfair Trade Practice.
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Section 8-23-13
Noncompliance with chapter constitutes unfair trade practice.
Failure to comply with the provisions of this chapter is an unfair or deceptive trade practice.
(Acts 1984, No. 84-297, p. 661, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-24/section-8-24-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 24 - Sales Representative's Commission Contracts.›Section 8-24-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-1 - Definitions.
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Section 8-24-1
Definitions.
As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) COMMISSION. Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales.
(2) PRINCIPAL. Any person who does all of the following:
a. Engages in the business of manufacturing, producing, importing, or distributing a product or products for sale to customers who purchase the product or products for resale.
b. Utilizes sales representatives to solicit orders for the product or products.
c. Compensates the sales representatives, in whole or in part, by commission.
(3) SALES REPRESENTATIVE. Any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal, but does not include a person who places orders or purchases for his or her own account for resale, or a person engaged in home solicitation sales.
(4) TERMINATION. The end of services performed by the sales representative for the principal, whether by discharge, resignation, or expiration of a contract.
(Acts 1985, No. 85-543, p. 782, §1; Acts 1994, No. 94-686, p. 1319, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-24/section-8-24-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 24 - Sales Representative's Commission Contracts.›Section 8-24-2 - When Commission Is Due; Payment.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-2 - When Commission Is Due; Payment.
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Section 8-24-2
When commission is due; payment.
(a) The terms of the contract between the principal and sales representative shall determine when a commission is due.
(b) If the time when the commission is due cannot be determined by a contract between the principal and sales representative, the past practices between the parties shall control, or if there are no past practices, the custom and usage prevalent in this state for the business that is the subject of the relationship between the parties shall control.
(c) All commissions that are due at the time of termination of a contract between a sales representative and principal shall be paid within thirty days after the date of termination. Commissions that become due after the termination date shall be paid within thirty days after the date on which the commissions become due.
(Acts 1985, No. 85-543, p. 782, §2; Acts 1994, No. 94-686, p. 1319, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-24/section-8-24-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 24 - Sales Representative's Commission Contracts.›Section 8-24-3 - Failure to Pay Commission.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-3 - Failure to Pay Commission.
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Section 8-24-3
Failure to pay commission.
A principal who fails to pay a commission as required by Section 8-24-2 is liable to the sales representative in a civil action for three times the damages sustained by the sales representative plus reasonable attorney's fees and court costs.
(Acts 1985, No. 85-543, p. 782, §3; Acts 1994, No. 94-686, p. 1319, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-24/section-8-24-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 24 - Sales Representative's Commission Contracts.›Section 8-24-4 - When Nonresident Principal Considered to Be Doing Business in State.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-4 - When Nonresident Principal Considered to Be Doing Business in State.
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Section 8-24-4
When nonresident principal considered to be doing business in state.
A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
(Acts 1985, No. 85-543, p. 782, §4; Acts 1994, No. 94-686, p. 1319, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-24/section-8-24-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 24 - Sales Representative's Commission Contracts.›Section 8-24-5 - Waiver of Chapter Provisions; Other Rights or Remedies.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-5 - Waiver of Chapter Provisions; Other Rights or Remedies.
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Section 8-24-5
Waiver of chapter provisions; other rights or remedies.
(a) This chapter may not be waived, whether by express waiver or by any provision in a contract attempting to make the contract or agreement subject to the laws of another state. A waiver of any provision of this chapter is void.
(b) This chapter does not invalidate or restrict any other right or remedy available to a sales representative or preclude a sales representative from seeking to recover in one action on all claims against a principal.
(Acts 1985, No. 85-543, p. 782, §5; Acts 1994, No. 94-686, p. 1319, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-25/section-8-25-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 25 - Rental-Purchase Agreements.›Section 8-25-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-1 - Definitions.
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Section 8-25-1
Definitions.
As used in this chapter, the following words and phrases shall have the following meanings ascribed to them, unless the context clearly indicates otherwise:
(1) ADVERTISEMENT. A commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for instore merchandising aids.
(2) CONSUMER. An individual who leases personal property under a rental-purchase agreement.
(3) MERCHANDISE. The personal property that is the subject of a rental-purchase agreement.
(4) MERCHANT. A person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement, and includes a person who is assigned an interest in a rental-purchase agreement.
(5) RENTAL-PURCHASE AGREEMENT. An agreement for the use of merchandise by a consumer for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, and that permits the consumer to become the owner of the merchandise. This term does not include any transaction wherein a consumer sells personal property to a merchant and then leases the same personal property back with or without a right to repurchase the property. Any rental-purchase agreement in compliance with this chapter shall not be construed to be, nor governed by the laws relating to:
a. A "credit sale" as that term is defined in subdivision (4) of Section 5-19-1; or
b. A "security interest" as that term is defined in subdivision (37) of Section 7-1-201 of the Uniform Commercial Code.
(Acts 1986, No. 86-497, p. 945, §1; Acts 1991, No. 91-654, p. 1232, §1; Acts 1993, No. 93-614, §1(3).)
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https://law.justia.com/codes/alabama/title-8/chapter-25/section-8-25-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 25 - Rental-Purchase Agreements.›Section 8-25-2 - Disclosures by Merchant to Consumer; Inaccuracy Due to Acts, etc., After Delivery;...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-2 - Disclosures by Merchant to Consumer; Inaccuracy Due to Acts, etc., After Delivery; Form of Disclosure.
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Section 8-25-2
Disclosures by merchant to consumer; inaccuracy due to acts, etc., after delivery; form of disclosure.
(a) The merchant shall disclose to the consumer the information required by this title. In a transaction involving more than one consumer, the merchant need disclose to only one of the consumers who are primarily obligated. In a transaction involving more than one merchant, only one merchant need make the disclosures.
(b) The disclosures shall be made clearly and conspicuously in writing in a form that the consumer may keep. The required disclosure may be made a part of the rental-purchase agreement or provided on a separate form.
(c) If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement after delivery of the required disclosure, the resulting inaccuracy is not a violation of this title.
(d) For each rental-purchase agreement, the lessor shall disclose the following items, as applicable:
(1) Whether the merchandise is new or has been previously rented;
(2) The amount and timing of periodic payments;
(3) A brief explanation of other charges besides rental payments for which the consumer may be liable;
(4) The total number of rental payments required and the total amount to be paid to acquire ownership of the merchandise;
(5) That the consumer does not acquire ownership rights unless the consumer has complied with the ownership terms of the agreement; and
(6) A statement explaining who is liable for loss of or damage to the merchandise.
(e) The following form is an example of the form which may be used to satisfy the disclosure requirements of this section:
Rental-Purchase Discloures
1. Condition of property: new/previously rented
2. This agreement is for _____ week(s) or _____ month(s).
Weekly rental is _____.
Monthly rental is _____.
3. Other charges (specify):
4. Ownership:
If you renew this agreement for ______ weeks/months in a row, you will pay a total of $ _____ to own the property.
5. You do not own the property. You will not own the property unless you comply fully with the ownership terms of this agreement.
6. Explanation of liability for loss of or damage to property
(Acts 1986, No. 86-497, p. 945, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-25/section-8-25-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 25 - Rental-Purchase Agreements.›Section 8-25-3 - Prohibited Provisions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-3 - Prohibited Provisions.
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Section 8-25-3
Prohibited provisions.
A rental-purchase agreement shall not contain a provision:
(1) Requiring a confession of judgment;
(2) Authorizing a merchant or agent of the merchant to commit a breach of the peace while repossessing merchandise;
(3) Waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant; or
(4) Requiring the purchase of insurance or waiver of liability from the merchant to cover the merchandise; provided, however, that the lessor may offer to the lessee any such insurance or waiver of liability if it is clearly and conspicuously disclosed on the face of the insurance or waiver of liability agreement, in print not less than eight-point bold face type, that the purchase of any such insurance or waiver of liability by the lessee from the lessor is optional. The charge for any insurance or waiver of liability shall not exceed 15 percent of the rental payment.
(Acts 1986, No. 86-497, p. 945, §3; Acts 1991, No. 91-654, p. 1232, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-25/section-8-25-4/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 25 - Rental-Purchase Agreements.›Section 8-25-4 - Reinstatement of Agreement After Failure to Make Timely Payment.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-4 - Reinstatement of Agreement After Failure to Make Timely Payment.
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Section 8-25-4
Reinstatement of agreement after failure to make timely payment.
A consumer who fails to make a timely rental payment may reinstate an agreement without losing any rights or options previously acquired, by taking the required action within five days if the consumer pays monthly or within two days if the consumer pays more frequently than monthly. Nothing in this section shall prevent the accrual of any late charges or reinstatement fees charged by the merchant. Nothing in this section shall prevent the merchant from attempting repossession of the merchandise during the reinstatement period, and the consumer's right to reinstate an agreement shall not expire because of such a repossession.
A consumer must pay all rental and other charges due or return the merchandise to the merchant if the merchant so requests during the reinstatement period. If the merchandise is returned during the applicable reinstatement period other than through judicial process, the right to reinstate shall be extended for a period of not less than 30 days after the date of the return of the merchandise.
No consumer shall have the right to reinstate more than three times during the term of any one rental-purchase agreement.
On reinstatement, the merchant shall provide the consumer with the same merchandise or substitute merchandise of comparable quality and condition; however, the merchant shall not be required to provide new disclosures upon reinstatement.
(Acts 1986, No. 86-497, p. 945, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-25/section-8-25-5/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 25 - Rental-Purchase Agreements.›Section 8-25-5 - Required Provisions in Advertisements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-5 - Required Provisions in Advertisements.
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Section 8-25-5
Required provisions in advertisements.
An advertisement for a rental-purchase agreement that states the amount of a payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state:
(1) That the transaction advertised is a rental-purchase agreement and
(2) The total amount and the number of payments necessary to acquire ownership.
(Acts 1986, No. 86-497, p. 945, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-25/section-8-25-6/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 25 - Rental-Purchase Agreements.›Section 8-25-6 - Damages and Fees Recoverable for Violations of Chapter; Nonliability Where Merchant...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-6 - Damages and Fees Recoverable for Violations of Chapter; Nonliability Where Merchant Discovers Error, Gives Notice, and Makes Adjustments.
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Section 8-25-6
Damages and fees recoverable for violations of chapter; nonliability where merchant discovers error, gives notice, and makes adjustments.
(a) A consumer damaged by a violation of this chapter by a merchant is entitled to recover from the merchant:
(1) Actual damages;
(2) Twenty-five percent of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved, except that the amount recovered under this subdivision may not be less than $100 nor more than $1,000; and
(3) Reasonable attorney's fees not to exceed 15 percent of the consumer's allowable recovery and court costs.
(b) A merchant is not liable under this section for a violation of this chapter caused by the merchant's error if before the sixty-first day after the date the merchant discovers the error, and before an action under this section is filed or written notice of the error is received by the merchant from the consumer, the merchant gives the consumer written notice of the error and makes adjustments in the consumer's account as necessary to assure that the agreement complies with this chapter.
(Acts 1986, No. 86-497, p. 945, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-25a/section-8-25a-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 25A - Recovery Fee for Rental Equipment.›Section 8-25A-1 - Recovery Fee Included in Rental Agreement for Heavy Equipment Property.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25A - Recovery Fee for Rental Equipment. › Section 8-25A-1 - Recovery Fee Included in Rental Agreement for Heavy Equipment Property.
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Section 8-25A-1
Recovery fee included in rental agreement for heavy equipment property.
(a) Except as provided in subsection (b), a person in the business of renting heavy equipment property located in this state may include in the rental agreement a one and one-half percent recovery fee on the gross rental receipts from any item of heavy equipment rented by a customer. The total amount of the recovery fee shall be retained by the business for the purpose of paying personal property taxes levied by all taxing jurisdictions against the heavy equipment property. For the purposes of this section, heavy equipment property includes self-propelled, self-powered, or pull-type equipment, including farm equipment, that is intended to be used for agricultural, construction, industrial, mining, or forestry uses. Heavy equipment property also includes equipment that is described under Industry Code 532412 of the 2002 North American Industry Classification System as published by the Bureau of the Census.
(b) Notwithstanding subsection (a), the recovery fee provided in this section shall not apply to the leasing or renting of heavy equipment to the State of Alabama, any municipality, or any county.
(Act 2009-583, p. 1718, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-1 - Short Title.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-1 - Short Title.
|
Section 8-26-1
Short title.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-1-1/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-1.1 - Legislative Findings.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-1.1 - Legislative Findings.
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Section 8-26-1.1
Legislative findings.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Act 98-132, p. 194, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-2/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-2 - Definitions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-2 - Definitions.
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Section 8-26-2
Definitions.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §2; Act 98-132, p. 194, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-3/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-3 - Alabama Athlete Agent Regulatory Commission Created; Members; Terms of Office; Vaca...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-3 - Alabama Athlete Agent Regulatory Commission Created; Members; Terms of Office; Vacancies; Reappointment; Oath; Removal; Officers; Quorum; Records; Annual Register; Employees, Rules and Regulations; Compensation and Expenses.
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Section 8-26-3
Alabama Athlete Agent Regulatory Commission created; members; terms of office; vacancies; reappointment; oath; removal; officers; quorum; records; annual register; employees, rules and regulations; compensation and expenses.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §3; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1; Act 98–132, p. 194, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-4/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-4 - Registration of Athlete Agents Required.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-4 - Registration of Athlete Agents Required.
|
Section 8-26-4
Registration of athlete agents required.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §4; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-5/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-5 - Application for Registration.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-5 - Application for Registration.
|
Section 8-26-5
Application for registration.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-6/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-6 - Evaluation of Applicant and Principal Place of Business.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-6 - Evaluation of Applicant and Principal Place of Business.
|
Section 8-26-6
Evaluation of applicant and principal place of business.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §6.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-7/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-7 - Grounds for Refusal to Grant Registration; Notice of Refusal and Opportunity for He...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-7 - Grounds for Refusal to Grant Registration; Notice of Refusal and Opportunity for Hearing; Hearing Procedure; Determination of Commission; Appeals; Effective Date of Orders and Judgments.
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Section 8-26-7
Grounds for refusal to grant registration; notice of refusal and opportunity for hearing; hearing procedure; determination of commission; appeals; effective date of orders and judgments.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §7; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1; Act 98–132, p. 194, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-8/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-8 - Revocation or Suspension of Registration; Procedure; Reinstatement.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-8 - Revocation or Suspension of Registration; Procedure; Reinstatement.
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Section 8-26-8
Revocation or suspension of registration; procedure; reinstatement.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §8.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-9/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-9 - Duration of Registration; Renewal Application, Bond, and Fee.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-9 - Duration of Registration; Renewal Application, Bond, and Fee.
|
Section 8-26-9
Duration of registration; renewal application, bond, and fee.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §9.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-10/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-10 - Temporary or Provisional Registration.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-10 - Temporary or Provisional Registration.
|
Section 8-26-10
Temporary or provisional registration.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §10.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-11/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-11 - Disclosure of Names and Addresses of Financially Interested Persons.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-11 - Disclosure of Names and Addresses of Financially Interested Persons.
|
Section 8-26-11
Disclosure of names and addresses of financially interested persons.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-12/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-12 - Filing and Registration Fees.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-12 - Filing and Registration Fees.
|
Section 8-26-12
Filing and registration fees.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §12; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-13/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-13 - Setting of Fees by Commission.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-13 - Setting of Fees by Commission.
|
Section 8-26-13
Setting of fees by commission.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §13; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-14/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-14 - Surety Bond - Requirement; Amount; Malpractice Coverage in Lieu of Bond; Certifica...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-14 - Surety Bond - Requirement; Amount; Malpractice Coverage in Lieu of Bond; Certificate of Deposit Payable to Commission or Savings Account Assigned to Commission in Lieu of Bond.
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Section 8-26-14
Surety bond - Requirement; amount; malpractice coverage in lieu of bond; certificate of deposit payable to commission or savings account assigned to commission in lieu of bond.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §14; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1; Act 98–132, p. 194, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-15 - Surety Bond - to Whom Payable; Conditions; Damages Not Limited to Amount of Bond,...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-15 - Surety Bond - to Whom Payable; Conditions; Damages Not Limited to Amount of Bond, Etc.
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Section 8-26-15
Surety bond - To whom payable; conditions; damages not limited to amount of bond, etc.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §15, Act 98–132, p. 194, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-16/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-16 - Surety Bond - Suspension for Failure to Maintain Coverage.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-16 - Surety Bond - Suspension for Failure to Maintain Coverage.
|
Section 8-26-16
Surety bond - Suspension for failure to maintain coverage.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §16.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-17/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-17 - Disposition of Moneys and Fines Collected; Alabama Athlete Agent Regulatory Commis...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-17 - Disposition of Moneys and Fines Collected; Alabama Athlete Agent Regulatory Commission Fund.
|
Section 8-26-17
Disposition of moneys and fines collected; Alabama Athlete Agent Regulatory Commission Fund.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §17; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)
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