§ 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 […]
§ 13-8-53. Enforcement of Covenants; Writing Requirement; Determining Competitive Status; Effect of Failure to Comply; Time and Geographic Limitations
Notwithstanding any other provision of this chapter, enforcement of contracts that restrict competition during the term of a restrictive covenant, so long as such restrictions are reasonable in time, geographic area, and scope of prohibited activities, shall be permitted. However, enforcement of contracts that restrict competition after the term of employment, as distinguished from a […]
§ 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.
§ 13-8-54. Judicial Construction of Covenants
A court shall construe a restrictive covenant to comport with the reasonable intent and expectations of the parties to the covenant and in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement. In any action concerning enforcement of a restrictive covenant, a court shall not enforce a restrictive […]
§ 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 […]
§ 13-8-55. Requirements of Person Seeking Enforcement of Covenants
The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section 13-8-53, then any person opposing […]
§ 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 […]