Section 8-21A-1 – Short Title.

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.)

Section 8-21A-10 – Warranty Agreement on New Equipment; Warranty Claims.

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 […]

Section 8-21A-11 – Supplier to Indemnify Dealer Against Claims Relating to Manufacture, Assembly, or Design Beyond Dealer’s Control.

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 […]

Section 8-21A-12 – Action for Injunction, Damages, etc., for Violations of Chapter, Unfair, or Deceptive Trade Practices, and Other Unlawful Acts.

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 […]

Section 8-21A-13 – Statute of Limitations; Accrual of Cause of Action.

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 […]

Section 8-21A-2 – Definitions.

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 […]

Section 8-21A-3 – Violations by Suppliers Generally.

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 […]

Section 8-21A-4 – Termination, Cancellation, or Nonrenewal of Dealer Agreement; Sales Contract, etc.; New or Relocated Dealership; Sale or Lease of New Equipment.

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 […]

Section 8-21A-5 – Supplier’s Duties to Dealers – Provision of Repair Parts; Return of Surplus Parts.

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 […]

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.

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 […]

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.

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 […]

Section 8-21A-8 – Dealer’s Action Against Supplier for Violations; Civil Liability and Remedies.

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 […]

Section 8-21A-9 – Supplier’s Obligations Applied to Successor in Interest or Assignee.

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 […]