§ 13-8-56. Reasonableness Determinations Restricting Competition; Presumptions
In determining the reasonableness of a restrictive covenant that limits or restricts competition during or after the term of an employment or business relationship, the court shall make the following presumptions: During the term of the relationship, a time period equal to or measured by duration of the parties’ business or commercial relationship is reasonable, […]
§ 13-8-57. Reasonableness Determinations Restricting Time; Presumptions
In determining the reasonableness in time of a restrictive covenant sought to be enforced after a term of employment, a court shall apply the rebuttable presumptions provided in this Code section. In the case of a restrictive covenant sought to be enforced against a former employee and not associated with the sale or ownership of […]
§ 13-8-58. Enforcement by Third Parties
A court shall not refuse to enforce a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an assignee or successor to a party to such contract. In determining the enforceability of a restrictive covenant, it is not a defense that the person seeking enforcement […]
§ 13-8-59. Construction With Federal Provisions
Nothing in this article shall be construed or interpreted to allow or to make enforceable any restraint of trade or commerce that is otherwise illegal or unenforceable under the laws of the United States or under the Constitution of this state or of the United States. History. Code 1981, § 13-8-59 , enacted by Ga. […]
§ 13-8-36. Predelivery and Preparation Obligations; Repair Parts Availability; Return of Surplus Parts Inventory
Every manufacturer shall specify and every wholesaler shall provide and fulfill reasonable predelivery and preparation obligations for its farm equipment or implements prior to delivery of same to purchasers. Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any farm equipment or implement sold. Every manufacturer shall provide to his […]
§ 13-8-37. Warranty Agreements; Disapproval of Claims Under Warranty Agreements; Special Handling of Claims; Calculation of Compensation to Dealer for Warranty Work
Every manufacturer or factory branch or division shall reimburse its wholesalers for any expenses they incur in complying with the provisions of Georgia laws pertaining to warranty requirements for farm equipment or implements as they apply to products of the manufacturer. History. Code 1981, § 13-8-37 , enacted by Ga. L. 1993, p. 1585, § […]
§ 13-8-38. Agreements to Which Article Shall Apply
The provisions of this article shall apply to all written or oral agreements between a manufacturer with a wholesaler including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction […]
§ 13-8-39. Failure to Renew, Termination Of, or Restriction on Transfer of Franchise Without Due Cause
It shall be unlawful for the manufacturer or franchisor, without due cause, to fail to renew on terms then equally available to all its wholesalers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used in […]
§ 13-8-40. Damages Recoverable for Injuries Sustained by Violations of Article; Class Actions; Punitive Damages
In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-35, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages […]
§ 13-8-41. Contracts and Agreements in Violation of Article as Void
Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable. History. Code 1981, § 13-8-41 , enacted by Ga. L. 1993, p. 1585, § 4.