Section 650.460 – Indemnification; warrantor and dealer.
(1) Notwithstanding any agreement to the contrary: (a) A warrantor shall indemnify a dealer against and hold the dealer harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the warrantor’s negligence or intentional misconduct. (b) A dealer shall indemnify a warrantor against and hold […]
Section 650.310 – Good cause; determination.
When determining whether good cause exists for an action, a person shall consider: (1) Concerning the dealer affected by the action: (a) The extent of the dealer’s sales and leases of recreational vehicles in the area of sales responsibility; (b) The nature and extent of the dealer’s investment in the dealer’s business; (c) Whether the […]
Section 650.320 – Dealership agreement.
(1) A dealership agreement shall: (a) Contain a provision that the law of this state governs the agreement; (b) Assign the dealer an area of sales responsibility; (c) If the dealer is an individual, include the designation of a member of the dealer’s family to succeed to the dealer’s interests in the dealer’s business and […]
Section 650.330 – Comparable terms and conditions; grantor sales to public.
(1) As used in this section, “terms and conditions” includes rebates, discounts or any other program that may affect the ultimate price of a product. (2) If dealers compete for the sale or lease of recreational vehicles to the motoring public, a grantor shall offer to sell products to the dealers at the same prices […]
Section 650.170 – Dealer’s remedy.
(1) Any dealer injured, or threatened with injury, by a manufacturer, distributor or importer as a result of a violation of ORS 650.120 to 650.170 may sue to enjoin such illegal, or threatened illegal conduct. (2) The court, in an action brought under ORS 650.120 to 650.170, may award damages to a dealer who demonstrates […]
Section 650.340 – Termination, cancellation or failure to renew; notice; grounds.
(1) Without good cause, a grantor may not: (a) Terminate, cancel or fail to renew a dealership agreement. (b) During the term of a dealership agreement, take an action that has a substantial adverse effect on a dealer’s ability to sell or lease recreational vehicles, including changing the dealer’s area of sales responsibility. (2) A […]
Section 650.200 – Definitions for ORS 650.200 to 650.250.
As used in ORS 650.200 to 650.250, unless the context requires otherwise: (1) “Affiliate” means any person who, other than by means of a franchise, controls, is controlled by or is under common control with any other person. (2) “Company operated station” means a motor fuel service station operated by a franchisor with employees of […]
Section 650.350 – Dealer’s rights upon termination, cancellation or failure to renew.
(1) Upon the termination or cancellation of or failure to renew a dealership agreement by the grantor, the grantor shall, at the dealer’s request and within 30 days of the termination, cancellation or failure to renew, purchase from the dealer: (a) All new recreational vehicles that the dealer purchased from the grantor within 12 months […]
Section 650.205 – Prohibited conduct by franchisor.
Notwithstanding the terms of any franchise, a franchisor shall not: (1) Require any franchisee to meet unreasonable mandatory minimum sales volume requirements for fuel or other products; (2) Alter the franchise premises during the effective term of the franchise without the consent of the franchisee. This subsection does not apply to alterations required by law; […]
Section 650.360 – Coercion prohibited.
(1) As used in this section, “coerce” includes threatening to terminate, cancel or fail to renew a dealership agreement without good cause. (2) A grantor may not coerce, or attempt to coerce, a dealer: (a) To purchase a product that the dealer did not order; (b) To enter into an agreement with the grantor; or […]