322D.1 Definitions. When used in this chapter, unless the context otherwise requires: 1. “All-terrain vehicle” means a motor vehicle designed to travel on three or more wheels and designed primarily for off-road recreational use but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles. 2. “Attachment” means a […]
322D.10 Application — snowmobile franchise agreements. The rights under section 322D.2, subsection 1, apply to snowmobile franchises in effect on January 1, 2003, which have no expiration date and are continuing franchises, and to franchises executed or renewed on or after January 1, 2003, but only to snowmobiles and related parts or attachments purchased on […]
322D.2 Franchisee’s rights to payment. 1. A franchisee who enters into a written franchise with a franchiser to maintain a stock of farm implements, motorcycles, autocycles, all-terrain vehicles, snowmobiles, or related parts or attachments has the following rights to payment, at the option of the franchisee, if the franchise is terminated: a. One hundred percent […]
322D.3 Exceptions. This chapter does not require repurchase from a franchisee of: 1. A repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets or batteries. 2. A repair part which is in a broken or damaged package. 3. A single repair part which is priced […]
322D.4 Franchiser failure to comply — civil penalty. In the event that any franchiser fails to make payment to the franchisee or the franchisee’s heir or heirs as required by this chapter within sixty days after the inventory has been received by the franchiser, the franchiser is civilly liable for one hundred percent of the […]
322D.5 Death of a franchisee or majority stockholder. If the franchisee is a natural person, the rights under this chapter may be exercised by the heirs of the franchisee upon the death of the franchisee. If the franchisee is a business organization, the rights may be exercised by the heirs of a majority stockholder of […]
322D.6 Security interests not affected. The provisions of this chapter shall not be construed to affect, in any way, the existence or enforcement of any security interest which a supplier, any financial institution or any other person may have in the inventory of the retailer. 84 Acts, ch 1087, §6; 94 Acts, ch 1121, §1
322D.7 Application — farm implement franchise agreements. This chapter applies until July 1, 1990, to all farm implement franchise agreements in effect before July 1, 1990, which have no expiration date and to all other such agreements entered into or renewed after April 12, 1985, but before July 1, 1990, which will expire after April […]
322D.8 Application — motorcycle or autocycle franchise agreements. The rights under section 322D.2, subsection 1, apply to motorcycle or autocycle franchise agreements in effect on July 1, 1985, which have no expiration date and are continuing agreements, and to those entered into or renewed after July 1, 1985, but only to motorcycles, autocycles, and motorcycle […]
322D.9 Application — all-terrain vehicles. 1. This chapter applies to a franchise for all-terrain vehicles only if chapter 322F does not apply to a dealership engaged in the retail sale of equipment designed to be principally used for agricultural operations under chapter 322F. 2. The rights under section 322D.2, subsection 1, shall apply to a […]
