§ 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 […]
§ 13-8-15.2. Use of Dealership by Manufacturers, Distributors, and Wholesalers
A manufacturer, distributor, or wholesaler may sell or lease new equipment for use within this state. If the equipment is prepared for delivery or serviced by a dealer, the manufacturer, distributor, or wholesaler shall reasonably compensate the dealer for the preparation and delivery of the new equipment and pay to the dealer a reasonable commission […]
§ 13-8-16. Predelivery and Preparation Obligations; Repair Parts Availability; Return of Surplus Parts Inventory
Every manufacturer shall specify and every dealer shall provide and fulfill reasonable predelivery and preparation obligations for its equipment prior to delivery of same to retail purchasers. Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any equipment sold. Every manufacturer or distributor shall provide to each of its dealers, […]
§ 13-8-17. Warranty Agreements; Disapproval of Claims Under Warranty Agreements; Special Handling of Claims; Calculation of Compensation to Dealer for Warranty Work; Amounts Owed to a Dealer; Audit of Warranty Claims
Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any new unit of equipment which it sells and shall fairly compensate each of its dealers for labor and parts used in fulfilling such warranty agreement. All claims for […]
§ 13-8-17.1. Time for Audits of Dealerships
Any audit of a dealer by or on behalf of a manufacturer, distributor, or wholesaler for sales incentives, service incentives, rebates, or other forms of incentive compensation shall be completed not later than six months after the date of the termination of such incentive compensation program; provided, however, that this limitation shall not apply in […]
§ 13-8-18. Agreements to Which Article Applies
The provisions of this article shall apply to all written or oral agreements between a manufacturer, wholesaler, or distributor with a dealer 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, […]
§ 13-8-19. Failure to Renew, Termination Of, or Restriction on Transfer of Franchise Without Due Cause
It shall be unlawful for the manufacturer, wholesaler, distributor, or franchisor, without due cause, to fail to renew on terms then equally available to all its dealers, 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 […]