686.607 – Repurchase of Inventory Upon Death or Incapacity of Dealer.
686.607 Repurchase of inventory upon death or incapacity of dealer.— (1) In the event of the death or incapacity of a dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees […]
686.608 – Compensation for Inventory Upon Refusal to Renew, Termination Of, or Restriction on Transfer of a Dealer Agreement.
686.608 Compensation for inventory upon refusal to renew, termination of, or restriction on transfer of a dealer agreement.—It is unlawful for the manufacturer, distributor, or wholesaler, without due cause, to fail to renew a dealer agreement on terms then equally available to all their dealers, to terminate an agreement, or to restrict the transfer of an […]
686.609 – Indemnification of Dealer With Respect to Legal Actions.
686.609 Indemnification of dealer with respect to legal actions.—A manufacturer, distributor, or wholesaler shall fully indemnify and hold harmless a dealer against any losses including, but not limited to, court costs and reasonable attorney’s fees or damages arising out of any complaint, claim, or lawsuit involving, but not limited to, strict liability, negligence, misrepresentation, express or […]
686.611 – Unlawful Acts and Practices.
686.611 Unlawful acts and practices.—Unfair methods of competition and unfair or deceptive acts or practices in the conduct of the manufacturing, distribution, wholesaling, sale, and advertising of outdoor power equipment are declared to be unlawful. (1) It is deemed a violation of this section for any manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, wholesaler, […]
686.612 – Unenforceable Contract or Agreement.
686.612 Unenforceable contract or agreement.—Any contract or dealer agreement or part thereof or practice thereunder which is in violation of any provision of ss. 686.601-686.614 is deemed against public policy and is void and unenforceable. History.—s. 1, ch. 97-275.
686.613 – Remedies.
686.613 Remedies.— (1) In addition to temporary, preliminary, or final injunctive relief as provided in s. 686.611(3)(c)1., any person who is aggrieved or injured in his or her business or property by reason of anything forbidden in ss. 686.601-686.614 may bring an action therefor in the appropriate circuit court of this state and shall recover the actual […]
686.401 – Legislative Finding and Intent; Construction of Ss. 686.40-686.418.
686.401 Legislative finding and intent; construction of ss. 686.40-686.418.— (1) The Legislature finds and declares that the distribution and sale of equipment primarily designed for or used in agriculture in this state vitally affects the general economy of the state, the public interest, and the public welfare and that, in the exercise of its police power, it […]
686.504 – Warranties by Art Dealers; Written Statement; Terminology.
686.504 Warranties by art dealers; written statement; terminology.—Any provision in any other law to the contrary notwithstanding: (1) When an art dealer, in selling or changing a work of art, furnishes to a buyer of such work who is not an art dealer a written instrument which, in describing the work, identifies it with any authorship, the […]
686.402 – Definitions of Terms Used in Ss. 686.40-686.418.
686.402 Definitions of terms used in ss. 686.40-686.418.—In construing ss. 686.40-686.418, unless the context otherwise requires, the word, phrase, or term: (1) “Dealer” means a person who sells, solicits, or advertises the sale of new and used equipment to the consuming public, but does not include: (a) A public officer while performing her or his duties as such […]
686.505 – Construction of Language.
686.505 Construction of language.—Words relevant to the creation of an express warranty of authenticity of authorship of a work of art and words tending to negate or limit warranty shall be construed where reasonable as consistent with each other by parol or extrinsic evidence; negation or limitation is inoperative to the extent that the construction is […]