§ 59.1-352.8. Warranty obligations
A. Whenever a supplier and a dealer enter into an agreement, the supplier shall pay any warranty claim made by the dealer for warranty parts or service within thirty days after its approval. The supplier shall approve or disapprove a warranty claim within thirty days after its receipt. If a claim is disapproved, the manufacturer, […]
§ 59.1-352.9. Prohibited acts
No supplier shall do any of the following: 1. Coerce any dealer to accept delivery of equipment, parts, or accessories that the dealer has not ordered voluntarily, except as required by any applicable law, or unless the parts or accessories are safety parts or accessories required by the supplier. 2. Condition the sale of additional […]
§ 59.1-352.10. Failure to repurchase; civil remedy
A. If a supplier fails or refuses to repurchase any inventory covered under the provisions of this chapter within the time periods established in § 59.1-352.5, the supplier shall be civilly liable for one hundred percent of the current net price of the inventory, any freight charges paid by the dealer, the dealer’s reasonable attorney’s […]
§ 59.1-352.4. Supplier’s duty to repurchase
A. Whenever a dealer enters into an agreement evidenced by a written or oral contract in which the dealer agrees to maintain an inventory, and the agreement is terminated by either party, the supplier shall repurchase the dealer’s inventory as provided in this chapter unless the dealer chooses to keep the inventory. If the dealer […]
§ 59.1-352.5. Repurchase terms
A. The supplier shall repurchase from the dealer within ninety days after termination of the agreement all inventory previously purchased from the supplier that remains unsold on the date of termination of the agreement. B. The supplier shall pay the dealer: 1. One hundred percent of the current net price of all new, unused, unsold, […]
§ 59.1-352.6. Exceptions to repurchase requirement
This chapter does not require the repurchase from a dealer of: 1. A repair part with a limited storage life or otherwise subject to deterioration, such as gaskets or batteries, except for industrial “press on” or industrial pneumatic tires. 2. A single repair part that is priced as a set of two or more items. […]
§ 59.1-352.7. Uniform commercial practice
A. This chapter does not affect a security interest of the supplier in the inventory of the dealer. B. The dealer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty days shall result in automatic acceptance by […]
§ 59.1-352.2. Usage of trade
The terms “utility” and “industrial,” when used to refer to equipment, implements, machinery, attachments, or repair parts, shall have the meaning commonly used and understood among dealers and suppliers of farm equipment as a usage of trade in accordance with § 8.1A-303(c). 2002, c. 898; 2003, c. 353.
§ 59.1-352.3. Notice of termination of agreements
A. No supplier, directly or through an officer, agent, or employee, may terminate, cancel, fail to renew, or substantially change the competitive circumstances of an agreement without good cause. B. Notwithstanding any agreement to the contrary, a dealer who terminates an agreement with a supplier shall notify the supplier of the termination not less than […]
§ 59.1-352.1. Definitions
As used in this chapter, unless the context requires otherwise: “Agreement” means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer, or distributor by which the dealer is granted one or more of the following rights: 1. To sell or distribute goods or services. 2. To use a trade name, […]