§ 10-1-730. Short Title
This article shall be known and may be cited as the “Georgia Multiline Heavy Equipment Dealer Act.” History. Code 1981, § 10-1-730 , enacted by Ga. L. 1993, p. 1585, § 3.
§ 10-1-731. Definitions
As used in this article, the term: “Agreement” means a commercial relationship, either written or oral, between a supplier and a multiline dealer pursuant to which the multiline dealer has been authorized to distribute one or more of the supplier’s heavy equipment products and attachments and repair parts therefor and in connection therewith to use […]
§ 10-1-732. Unilateral Amendment, Cancellation, Termination, Refusal to Renew, or Causing Resignation From Agreement for Good Cause
Notwithstanding the terms, provisions, or conditions of any agreement, no supplier shall unilaterally amend, cancel, terminate, or refuse to continue to renew any agreement, or unilaterally cause a dealer to resign from an agreement, unless the supplier has first complied with the provisions of this article and good cause exists for amendment, termination, cancellation, nonrenewal, […]
§ 10-1-733. Notice of Intent to Amend, Terminate, Cancel, or Decline to Renew Agreement; Time Within Which Dealer May Rectify Condition; Contract for Transfer of Business; Immediate Termination, Amendment, Cancellation or Expiration
Except as provided in subsection (d) of this Code section, a supplier shall provide a multiline dealer at least 120 days’ prior written notice of any intention to amend, terminate, cancel, or decline to renew any agreement. The notice shall state all the reasons for the intended amendment, termination, cancellation, or nonrenewal. Where such reason […]
§ 10-1-734. Consent to Transfer of Dealer’s Business; Notice of Withholding of Consent; Assumption of Transferor’s Obligations and Rights; Burden of Proving Justification for Denying Consent
No supplier shall unreasonably withhold or delay consent to any transfer of the multiline dealer’s business or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards required in supplying its multiline dealers. Should a supplier determine that a proposed transferee does not meet […]
§ 10-1-735. Mailing of Notice
Notices required by this article shall be sent by certified or registered mail or statutory overnight delivery, postage prepaid. History. Code 1981, § 10-1-735 , enacted by Ga. L. 1993, p. 1585, § 3; Ga. L. 2000, p. 1589, § 4. Editor’s notes. Ga. L. 2000, p. 1589, § 16, not codified by the General […]
§ 10-1-736. When Change in Dealer’s Management or Personnel May Be Required or Prohibited
No supplier shall require or prohibit any change in management or personnel of any multiline dealer unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the supplier for its multiline dealers. History. Code 1981, § 10-1-736 , enacted by Ga. L. 1993, p. 1585, § 3.
§ 10-1-737. Article Deemed Incorporated in Agreements Subject to It; Waiver of Compliance; Good Faith Settlements of Disputes
The provisions of this article shall be deemed to be incorporated into every agreement subject to this article and shall supersede and control all other provisions of any agreement inconsistent with this article. No supplier shall require any multiline dealer to waive compliance with any provision of this article. Any provision or agreement purporting to […]
§ 10-1-738. Good Faith, Fair Dealing, and Reasonableness Requirements
Every agreement entered into under the provisions of this article shall impose on the parties the obligation to act in good faith and deal fairly. This article shall impose on every term and provision of any agreement a requirement of reasonableness. Every term or provision of any agreement shall be interpreted so that the requirements […]
§ 10-1-739. Venue; Equitable Relief; Recovery of Losses and Damages for Violation of Code Sections 10-1-732 and 10-1-734; When Supplier May Not Cancel, Terminate, or Refuse to Renew Agreement
Venue to hear and determine cases and controversies arising under the provisions of this article shall be in the superior court of the county wherein the multiline dealer has its principal place of business. The court may grant equitable relief as is necessary to remedy the effects of conduct which it finds to exist and […]
§ 10-1-740. Applicability of Article
The provisions of this article shall apply to any agreements entered into on or after July 1, 1989. The provisions of this article shall also apply to any agreement modified or amended on or after July 1, 1989. The provisions of this article are also applicable to any renewal or amendment of such agreements. History. […]