§ 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 […]
§ 13-10-23. Affiliated Corporations
As used in this Code section, the term: “Affiliated corporation” means, with respect to any corporation, any other corporation related thereto: As a parent corporation; As a subsidiary corporation; As a sister corporation; By common ownership or control; or By control of one corporation by the other. The term “bid” shall include proposals. In any […]
§ 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. […]
§ 13-10-24. Maintenance of Action on Bid Bond by Obligee
The obligee in any bid bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, that no action may be instituted on the bonds or security deposits after one year from the completion of the contract […]
§ 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 […]