§ 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.
§ 13-8-42. Repurchase of Inventory Upon Termination of Franchise; Payment for Inventory Repurchased; Title to Repurchased Inventory; Exempt Inventory Items; Civil Liability for Failure to Repurchase Inventory
Whenever any wholesaler enters into a franchise agreement with a manufacturer wherein the wholesaler agrees to maintain an inventory of farm equipment or implements or repair parts and the franchise is subsequently terminated, the manufacturer shall repurchase the inventory as provided in this article. The wholesaler may keep the inventory if he desires. If the […]
§ 13-8-43. Repurchase of Inventory Upon Death or Incapacity of Dealer or Majority Stockholder of Corporate Dealer
In the event of the death or incapacity of the wholesaler or the majority stockholder of a corporation operating as a wholesaler, the manufacturer shall, at the option of the heirs at law if the wholesaler died intestate, or the devisees or transferees under the terms of the deceased wholesaler’s last will and testament if […]
§ 13-8-44. Indemnification of Dealer for Losses Relating to Manufacture, Assembly, Design, or Functions Beyond Control of Dealer
A manufacturer will fully indemnify and hold harmless its wholesaler against any losses including, but not limited to, court costs and reasonable attorney’s fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or rescission of the sale where the complaint, claim, […]
§ 13-8-45. Applicability of Article to Existing Contracts Without Expiration Dates and to Contracts Entered or Renewed After November 1, 1982
The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own terms will terminate on a date […]
§ 13-8-32. Definitions
As used in this article, the term: “Distributor” or “wholesaler” means any person, company, or corporation who purchases farm equipment or implements or parts from a manufacturer and resells the same at wholesale to dealers. “Distributor or wholesaler branch” means a branch office maintained by a distributor or wholesaler which sells or distributes farm equipment […]
§ 13-8-33. Persons Subject to Provisions of Article
Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of farm machinery or implements and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process […]
§ 13-8-34. Unfair Competition; Unfair or Deceptive Acts
Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-35 are declared to be unlawful. History. Code 1981, § 13-8-34 , enacted by Ga. L. 1993, p. 1585, § 4.
§ 13-8-35. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices
It shall be deemed a violation of Code Section 13-8-34 for any manufacturer, factory branch, factory representative, or wholesaler to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public. It shall be deemed […]