339-C:1 Definitions. – In this chapter: I. "Agreement" means any written agreement between a supplier and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the supplier. II. "Commission agent" means a person who receives remuneration for […]
339-C:10 Prohibited Agreements. – No agreement between a supplier and a dealer may provide that a dealer’s franchise shall be terminated upon the death of the dealer if the dealer has designated a successor as provided for in this subdivision. Source. 1983, 456:2, eff. Oct. 1, 1983.
339-C:11 Designation of Successor. – The dealer may designate a successor who shall be either the dealer’s surviving spouse or adult child. The successor shall meet the reasonable qualifications then required of dealers by the supplier for the operation of a franchise. Source. 1983, 456:2, eff. Oct. 1, 1983.
339-C:12 Primary and Alternate Successor. – A dealer may designate one primary and one alternate successor. If the dealer designates an alternate successor, the alternate successor shall have no rights under this subdivision unless the primary successor notifies the alternate successor within 21 days of the death of the dealer that the primary successor […]
339-C:13 Election to Assume a Franchise. – A designated successor is allowed 21 days after the death of the dealer to send written notice to the supplier of an election to assume and operate the franchise. The notice shall contain information reasonably required by the supplier regarding business experience and financial responsibility. The successor […]
339-C:14 Deposit for Rent; Discharge of Franchise Obligations. – I. A supplier may require a dealer designating a successor to deposit with the supplier a sum equal to a reasonable estimate of 21 days’ rent to the supplier. This deposit, if made, may be used only to compensate the supplier if the designated successor […]
339-C:15 Extent of Successor’s Franchise. – The franchise available to the successor under this subdivision shall be no more or less than the franchise held by the dealer at the time of his death. This subdivision is not intended to expand or diminish the rights of suppliers or dealers under state or federal law. […]
339-C:16 Operation of Franchise After Dealer’s Death. – I. Unless the supplier agrees otherwise in writing, a franchise shall not be operated after the death of a dealer by anyone other than the supplier for its own account until all parts of the franchise have been expressly assumed as provided in this subdivision. II. […]
339-C:17 Account Required of Successor. – If a successor assumes a franchise and there has been no intervening operation of the franchise by the supplier, the successor shall account to the heirs or estate of the dealer for the value of and for the disposition of personal property of the dealer located at or […]
339-C:18 Time Within Which Performance is Required. – All actions to be performed by a supplier or by a successor shall be performed within a reasonable time unless otherwise specifically provided in this subdivision. Source. 1983, 456:2, eff. Oct. 1, 1983.
339-C:19 Supplier’s Consent to Sale of Franchise. – I. Notwithstanding the terms of any franchise, a supplier may not refuse to consent to the sale, transfer or assignment of a franchise by a dealer unless: (a) The proposed purchaser, transferee or assignee: (1) Has less business experience and training than that normally required by […]
339-C:2 Agreements Regulated. – This chapter shall apply to agreements pertaining to the sale of gasoline and related products when (a) more than 20 percent of the dealer’s gross sales are covered by such agreement and (b) such gross sales covered by such agreement are more than $25,000 yearly. Source. 1974, 24:1, eff. June […]
339-C:20 Transfer Fee. – If a supplier consents to a proposed sale, transfer or assignment of a franchise, the supplier may require the dealer to pay a transfer fee to the supplier. The transfer fee shall be reasonable in relationship to the sale price of the franchise and shall not exceed one percent of […]
339-C:21 Restraint of Trade. – I. Notwithstanding RSA 339-C:19, a supplier may refuse to consent to the sale, transfer or assignment of a franchise if the transaction would result in restraint of trade in the sale of petroleum products. II. For the purposes of this section, trade in the sale of petroleum products is […]
339-C:22 Hours of Operation. – No agreement between a dealer and a supplier shall require a dealer to keep his retail service station open for business any specified number of hours per day or any specified number of days per week. Source. 1983, 456:2, eff. Oct. 1, 1983.
339-C:23 Void Terms. – The terms of any franchise entered into after October 1, 1983, shall be void if they conflict with any provision of this subdivision or RSA 339-C:10 through 17. Source. 1983, 456:2, eff. Oct. 1, 1983.
339-C:3 Supplier’s Disclosure to Dealer. – A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded: I. The gallonage volume history, if any, of the location under negotiation for and during the 3 year period immediately past or for the entire period which the location has […]
339-C:4 Supplier’s Right to Terminate Agreement. – I. A supplier who enters into an agreement for the purpose of conducting a gas station business, which may include a lease with options to renew said agreement or to renew said lease if one is included, may terminate, cancel or refuse to renew such agreement or […]
339-C:5 Repurchase by Supplier Upon Termination. – In the event of any termination, cancellation or refusal to renew, whether by mutual agreement or otherwise, a supplier shall make or cause to be made an offer in good faith to repurchase from the dealer at then current wholesale prices any and all merchantable products purchased […]
339-C:6 Dealer Trade Associations. – No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing him from joining any trade association made up of dealers. Dealers shall have a right to select bargaining agents to negotiate and deal with suppliers on matters having to do with their supplier-dealer relationship. Suppliers […]
