Sec. 45.45.700. Coercion of dealer.
(a) A distributor may not coerce or attempt to coerce a dealer to perform certain acts by using duress or by threatening to terminate the distributorship agreement or another agreement between the distributor and the dealer. (b) In this section, “certain acts” means (1) the purchase or acceptance of delivery of merchandise that has not […]
Sec. 45.45.710. Disposition of merchandise remaining upon contract termination.
(a) If a dealer maintains a stock of merchandise supplied for the dealer’s resale under a distributorship agreement and if the distributor or the dealer terminates the distributorship agreement, the distributor shall, unless the dealer chooses to keep the merchandise, pay the dealer for the merchandise that was purchased from the distributor and that is […]
Sec. 45.45.720. Time for payment.
A distributor shall make the payments to the dealer under AS 45.45.710 not later than three months after the date the agreement is terminated. When the payment is made, the distributor shall provide the dealer with a final detailed statement of account for the merchandise.
Sec. 45.45.730. Death or disability of dealer or holder of majority interest in dealer.
Unless the distributorship agreement is continued by the personal representative, an heir, a devisee, or another successor in interest of the individual, upon the death or disability of an individual who is a dealer or holds a majority interest in a dealer, a distributor who supplied merchandise to the dealer shall repurchase from the personal […]
Sec. 45.45.740. Required purchase, reimbursement, and supplies.
(a) In addition to any purchase of merchandise required by AS 45.45.710, if a distributor terminates a distributorship agreement or makes substantial changes in the competitive situation of the distributor’s dealer with regard to distribution of the merchandise or services that are the subject of the distribution agreement, the distributor shall (1) purchase that portion […]
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. 45.45.790. 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) […]