Section 8-21B-1 – Short Title.

Section 8-21B-1 Short title. This chapter shall be known as and may be cited as the Alabama Heavy Equipment Dealer Act. (Act 2009-755, p. 2279, §1.)

Section 8-21B-10 – Reasonableness.

Section 8-21B-10 Reasonableness. This chapter shall impose on every term and provision of any dealer agreement a requirement of reasonableness. Every term or provision of any dealer agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable. (Act 2009-755, p. 2279, §10.)

Section 8-21B-11 – Indemnification.

Section 8-21B-11 Indemnification. Each supplier shall indemnify and hold harmless its dealers against any damages, expenses, and losses including, but not limited to, court costs and reasonable attorneys’ fees incurred by the dealer arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty, express or implied, or rescission […]

Section 8-21B-12 – Repurchase of Items by Supplier.

Section 8-21B-12 Repurchase of items by supplier. Upon voluntary or involuntary termination, nonrenewal, or discontinuance of the dealer agreement by the dealer or supplier, the supplier shall repurchase from the dealer the following: (1) All heavy equipment which has been acquired from the supplier within three years prior to the date of notice of the […]

Section 8-21B-13 – Remedies.

Section 8-21B-13 Remedies. Notwithstanding the terms, provisions, or conditions of any dealer agreement, any person who suffers bodily injury, loss of profit, or property damage as a result of a violation of this chapter may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations and to recover […]

Section 8-21B-14 – Civil Action.

Section 8-21B-14 Civil action. Any civil action commenced under this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of this chapter. (Act 2009-755, p. 2279, §14.)

Section 8-21B-15 – Application of Chapter.

Section 8-21B-15 Application of chapter. This chapter shall apply to all dealer agreements in force and effect on May 22, 2009, and to all dealer agreements, amendments, and renewals to dealer agreements made after May 22, 2009. (Act 2009-755, p. 2279, §17.)

Section 8-21B-2 – Legislative Findings.

Section 8-21B-2 Legislative findings. The Legislature finds and declares that the distribution and sale of heavy equipment in this state vitally affects the general economy of the state, the public interest, the public safety, and the public welfare and that, in the exercise of its police power, it is necessary to regulate the conduct of […]

Section 8-21B-3 – Definitions.

Section 8-21B-3 Definitions. The following words shall have the following meanings: (1) DEALER. A person, corporation, partnership, or other business entity primarily engaged in the business of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established place of business in this state. If a dealer’s retail sales volume […]

Section 8-21B-4 – Amendment, Termination, etc., of Dealer Agreement – Good Cause Required.

Section 8-21B-4 Amendment, termination, etc., of dealer agreement – Good cause required. (a) Notwithstanding the terms, provisions, or conditions of any agreement or dealer agreement, no supplier shall unilaterally amend, terminate, or refuse to renew any dealer agreement, or unilaterally cause a dealer to resign from a dealer agreement, unless the supplier has first complied […]

Section 8-21B-5 – Amendment, Termination, etc., of Dealer Agreement – Notice.

Section 8-21B-5 Amendment, termination, etc., of dealer agreement – Notice. (a) Except as provided in subsection (d), a supplier shall provide a dealer at least 120 days’ prior written notice of any intention to amend, terminate, or decline to renew any dealer agreement. The notice shall state all of the reasons for the intended amendment, […]

Section 8-21B-6 – Consent to Transfers.

Section 8-21B-6 Consent to transfers. (a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer’s business or dealer agreement or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards of the supplier required in appointing its dealers. Should […]

Section 8-21B-7 – Delivery of Notice.

Section 8-21B-7 Delivery of notice. Notices required by this chapter shall be sent by certified or registered mail or overnight delivery, postage prepaid. (Act 2009-755, p. 2279, §7.)

Section 8-21B-8 – Change in Management Personnel; Damaging Actions; Additional Dealership Agreements; Recovery of Damages.

Section 8-21B-8 Change in management personnel; damaging actions; additional dealership agreements; recovery of damages. (a) No supplier shall require or prohibit any change in management personnel of any dealer unless the current or proposed management or personnel fails to meet reasonable qualifications and standards required by the supplier for its dealers. (b) No supplier shall […]

Section 8-21B-9 – Incorporation of Chapter Into Dealer Agreement.

Section 8-21B-9 Incorporation of chapter into dealer agreement. This chapter shall be deemed to be incorporated into every dealer agreement subject to this chapter and shall supersede and control all provisions of any dealer agreement inconsistent with this chapter. (Act 2009-755, p. 2279, §9.)