§ 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, § […]
§ 13-8-17.1. 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 […]
§ 13-8-20. Damages Recoverable for Injuries Sustained by Violations; Class Actions; Punitive Damages
In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-15, any person who shall be injured in his or her business or property by reason of anything forbidden by or in noncompliance with the requirements of this article may bring an action therefor in the appropriate superior court […]
§ 13-8-21. Contracts and Agreements in Violation of Article Deemed 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, § 13-8-21 , enacted by Ga. L. 1993, p. 1585, § 4; Ga. L. 2002, p. 1101, § 1. Editor’s notes. […]
§ 13-8-22. 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 dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of equipment or repair parts and the franchise is subsequently terminated, the manufacturer, distributor, or wholesaler shall repurchase the inventory as provided in this article. The dealer may keep the inventory if he […]