§ 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 […]
§ 13-8-4. Liability of Stakeholder of Money Risked on Wager
A stakeholder of money risked on a wager shall be obligated to repay the money to the party depositing it, upon demand, before it is actually paid to the winner; but if he pays the money to the winner bona fide, and without notice of the depositor’s intention to retract, he shall not be liable […]
§ 13-8-23. 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 dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under the terms of the deceased dealer’s last will […]
§ 13-8-11. Legislative Findings
The General Assembly finds that the distribution of equipment primarily designed for or used in agriculture in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate equipment primarily designed for or used […]
§ 13-8-24. Indemnification of Dealer for Losses Relating to Manufacture, Assembly, Design, or Functions Beyond Control of Dealer
A manufacturer, distributor, or wholesaler, as the case may be, will fully indemnify and hold harmless its dealer 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 […]
§ 13-8-12. Definitions
As used in this article, the term: “Dealer” means any person who sells, maintains, solicits, or advertises the sale of new and used equipment to the consuming public. It shall not include (A) public officers while performing their duties as such officers; (B) persons making casual sales of their own equipment not subject to sales […]
§ 13-8-25. Applicability of Article to Existing Contracts Without Expiration Dates and to Contracts Entered or Renewed on or After July 1, 2002
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 on or after July 1, 2002. Any contract in force and effect prior to July 1, 2002, which by its own terms will terminate […]
§ 13-8-13. 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 new equipment 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 in accordance […]