Section 19-102 – Good Cause
Good cause exists in any of the following circumstances: (1) The filing of a petition against the dealer to commence: (i) A receivership proceeding; or (ii) A bankruptcy proceeding; (2) The dealer has made an intentional misrepresentation with the intent to defraud the supplier; (3) The dealer defaults under a chattel mortgage or other security agreement between the dealer and […]
Section 19-103 – Dealer Contracts — Cancellation, Nonrenewal, Substantial Change
(a) A supplier may not directly or through an officer, agent, or employee terminate, cancel, fail to renew, or substantially change the competitive circumstances of a contract without good cause. (b) (1) Except as provided in paragraph (2) of this subsection, a supplier who terminates, cancels, fails to renew, or substantially changes the competitive circumstances of a contract […]
Section 19-201 – Repurchase of Inventory
(a) (1) Subject to § 19-203 of this subtitle, whenever a dealer enters into a contract in which the dealer agrees to maintain inventory and the contract is terminated by either party, the supplier shall repurchase the dealer’s inventory on the terms specified in § 19-202 of this subtitle unless the dealer chooses to keep the inventory. […]
Section 19-202 – Terms of Repurchase
(a) Within 90 days after termination of the contract the supplier shall repurchase from the dealer all inventory, previously purchased from the supplier, that remains unsold on the date the contract terminates. (b) (1) The supplier shall pay the dealer: (i) 100 percent of the current net price of all new, unused, unsold, undamaged, and complete farm, construction, utility, […]
Section 19-203 – Exceptions
This title does not require the repurchasing from a dealer of: (1) A repair part with a limited storage life or otherwise subject to deterioration, such as a gasket or battery, except for industrial “press on” industrial pneumatic tires; (2) A single repair part that is priced as a set of two or more items; (3) A repair […]
Section 19-204 – Scope; Certification of Shipped Parts
(a) This title does not affect a security interest of the supplier in the inventory of the dealer. (b) Repurchase of inventory under this title is not subject to the bulk transfers provisions of Title 6 of this article. (c) (1) The dealer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for […]
Section 19-205 – Warranty Claims
(a) (1) When a supplier and a dealer enter into a contract, the supplier shall pay a warranty claim made by the dealer for warranty parts or service within 30 days after its approval. (2) The supplier shall approve or disapprove a warranty claim within 30 days after its receipt. (3) If a claim is disapproved, the manufacturer, wholesaler, […]
Section 19-301 – Violations
A supplier may not: (1) Coerce a dealer to accept delivery of equipment, parts, or accessories that the dealer has not ordered voluntarily unless the parts or accessories are safety parts or accessories required by the supplier; (2) Condition the sale of additional equipment to a dealer on a requirement that the dealer also purchase other goods […]
Section 19-302 – Civil Penalties
If a supplier fails or refuses to repurchase, in accordance with § 19-202 of this title, any inventory covered under the provisions of this title within the time periods established, the supplier is civilly liable for: (1) 100 percent of the current net price of the inventory; (2) The amount the dealer paid for freight costs from […]
Section 19-303 – Civil Actions
Notwithstanding an agreement to the contrary, and in addition to any other available legal remedies, a person who suffers monetary loss due to a violation of this title or who refuses to accede to a proposal for an arrangement that, if consummated, would be in violation of this title may bring a civil action to […]