This article shall be known and may be cited as the “Colorado Farm Equipment Fair Dealership Act”. Source: L. 95: Entire article R&RE, p. 363, § 1, effective July 1. Editor’s note: This section is similar to former § 35-38-101 as it existed prior to 1995.
As used in this article, unless the context otherwise requires: “Dealer agreement” means an oral or written contract or agreement of definite or indefinite duration between a supplier and an equipment dealer that prescribes the rights and obligations of each party with respect to the purchase or sale of equipment. “Equipment” means a machine designed […]
It is a violation of this article for a supplier to: Coerce or compel an equipment dealer to enter into a written or oral agreement that is supplementary to an existing dealer agreement with the supplier unless that agreement is imposed on all other similarly situated dealers in this state; Refuse to deliver, within a […]
Unless one or more of the provisions found in subparagraphs (I) to (X) of paragraph (b) of subsection (2) of this section apply, a supplier shall give an equipment dealer one hundred eighty days written notice of the supplier’s intent to terminate, cancel, or not renew a dealer agreement or to change the competitive circumstances […]
Unless this section is specifically waived in writing by the dealer, a supplier shall allow a dealer to periodically, but no less than once every twelve months, return a portion of the dealer’s surplus parts inventory for credit. The supplier shall notify the dealer of a time period during which a dealer may submit the […]
If a dealer agreement is canceled or not renewed by either party or by mutual consent, the supplier shall repurchase the dealer’s remaining inventory and any specific data processing hardware and software that the supplier required the dealer to purchase, including computer systems equipment the supplier required for communications purposes. The supplier shall repurchase such […]
Upon paying the equipment dealer, the title and right to possession of the repurchased inventory shall transfer to the supplier and the equipment dealer shall have a continuing perfected security interest in the inventory. Upon such payment, the security interest of the supplier shall be perfected without the filing of a financing statement for a […]
If an equipment dealer dies or becomes incapacitated, the supplier shall repurchase the inventory from the estate pursuant to the inventory repurchase provision of section 35-38-104 as if the supplier had terminated the dealer agreement. The guardian, the executor, or, if the dealer dies intestate, the heirs shall have six months from the date of […]
An equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier’s violation of the provisions of this article. The dealer may also recover costs and reasonable attorney fees. An equipment dealer may be granted injunctive relief against unlawful […]
Effective July 1, 1995, this article shall apply to dealer agreements at the time such agreements are extended, revised, modified, or changed in any manner and shall apply to all dealer agreements entered into or renewed on or after July 1, 1995. A provision in any contract or agreement with respect to a supplier that […]
A supplier shall provide a fair and reasonable warranty agreement on any new equipment that it sells and shall fairly compensate each dealer for parts and labor used in fulfilling such warranty agreement. Any claim made by a dealer related to a warranty agreement shall be: Approved or disapproved within sixty days after receipt by […]
