§ 4-72-603. Applicability
(a) This subchapter applies to a restaurant franchise operated in whole or in part in Arkansas and to the parties to the restaurant franchise. (b) This subchapter may not be waived, and its application to a restaurant franchise or a party to a restaurant franchise may not be avoided, in whole or in part by […]
§ 4-72-305. Retailer’s option on merchandise at termination of franchise
Whenever any retailer enters into a franchise agreement, evidenced by a written contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory, and the contract is terminated, then the wholesaler, manufacturer, or distributor shall repurchase the inventory as provided in this subchapter. The retailer may keep the inventory if he […]
§ 4-72-306. Death of retailer equivalent to termination
(a) In the event of the death of the retailer or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer, or distributor shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the retailer or majority stockholder as if the wholesaler, manufacturer, or […]
§ 4-72-307. Inventory not required to be repurchased
The provisions of this subchapter shall not require the repurchase from a retailer of: (1) Any repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries; (2) Any repair part which is in a broken or damaged package; (3) Any single repair part which […]
§ 4-72-308. Title and possession of inventory
Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the wholesaler, manufacturer, or distributor.
§ 4-72-309. Liability for failure to repurchase
If any wholesaler, manufacturer, or distributor fails or refuses to repurchase any inventory covered under the provisions of this subchapter within sixty (60) days after shipment of the inventory, he or she shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by […]
§ 4-72-310. Violations
(a) It is a violation of this subchapter for a manufacturer, wholesaler, or distributor to coerce a dealer to accept delivery of parts, accessories, or specialized tools which the dealer has not voluntarily ordered. (b) It is a violation of this subchapter for a manufacturer to: (1) (A) Condition or attempt to condition the sale […]
§ 4-72-311. Warranties
(a) This section applies to a warranty claim submitted by a dealer. (b) (1) Claims filed for payment under warranty agreements shall either be approved or disapproved within thirty (30) days of receipt by a manufacturer, wholesaler, or distributor. (2) All claims for payment shall be paid within thirty (30) days of their approval. (3) […]
§ 4-72-401. Definitions
As used in this subchapter, unless the context otherwise requires: (1) “Petroleum products supplier” means and includes any person, firm, corporation, subsidiary company, or other business entity engaged in the business of manufacturing, producing, or refining of petroleum products for sale or consignment to a petroleum products distributor; (2) “Petroleum products distributor” means and includes […]
§ 4-72-402. Franchise — Cancellation or termination
(a) A petroleum products supplier shall not cancel, or otherwise terminate, a franchise with a petroleum products distributor, except for such specific reasons as shall be prescribed in the franchise. (b) (1) If a petroleum products supplier proposes to cancel, fail to renew, or otherwise terminate a franchise with any distributor, he or she shall […]