US Lawyer Database

Sec. 45.45.900. Indemnification agreements against public policy.

A provision, clause, covenant, or agreement contained in, collateral to, or affecting a construction contract that purports to indemnify the promisee against liability for damages for (1) death or bodily injury to persons, (2) injury to property, (3) design defects, or (4) other loss, damage or expense arising under (1), (2), or (3) of this […]

Sec. 45.45.910. Sale or transfer of consumer electrical products.

(a) Unless exempted by the department under (d) of this section, a person may not sell, offer to sell, or otherwise transfer in the course of the person’s business a consumer electrical product that is manufactured after August 14, 1990, unless the product is clearly marked as being listed by an approved third-party certification program. […]

Sec. 45.45.920. Free trial period.

(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not offer, promote, advertise, or provide a consumer with goods or services for a free trial period unless the seller complies with all the conditions of this section. (b) When offering, promoting, or advertising consumer goods or services for a free trial […]

Sec. 45.45.930. Opt-out marketing plans.

(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not use an opt-out marketing plan to sell goods or services unless the seller complies with all of the provisions of this section. (b) Before using an opt-out marketing plan, a seller shall obtain express verifiable consent from the buyer that confirms […]

Sec. 45.45.750. Prohibited terms.

(a) A distributor may not require a dealer to agree to any of the following terms in a distributorship agreement, or in another agreement that is ancillary to a distributorship agreement, as a condition of an offer, grant, or renewal of a distributorship agreement or ancillary agreement: (1) a requirement that the dealer waive a […]

Sec. 45.45.760. Civil action.

(a) A dealer may bring an action in court against a distributor if the distributor engages in activity prohibited under AS 45.45.700 – 45.45.790. (b) In an action brought under (a) of this section, the dealer may obtain one or more of the following types of relief that apply to the specific action of the […]

Sec. 45.45.770. Exemptions.

(a) AS 45.45.700 – 45.45.790 do not apply to (1) a distributorship agreement that would be considered a franchise regulated by 15 U.S.C. 2801 – 2841 (Petroleum Marketing Practices Act); (2) a situation regulated by AS 45.50.800 – 45.50.850; (3) a distributorship agreement, including a franchise agreement, for the sale, repair, or servicing of motor […]

Sec. 45.45.620. Returns of nonrepairable goods; refunds.

If, after a reasonable attempt to repair, the nonconformity reported under AS 45.45.610 is not repaired, the manufacturer shall (1) at the direction of a consumer who has not leased the assistive technology device or the mobility aid from a dealer, do one of the following: (A) accept return of the assistive technology device or […]

Sec. 45.45.790. Definitions.

In AS 45.45.700 – 45.45.790, (1) “dealer” means a person who enters into a distributorship agreement and who, under the agreement, receives merchandise or services from a distributor; (2) “distributor” means a person who enters into a distributorship agreement and who, under the agreement, provides merchandise or services to a dealer; the term includes (A) […]