Section 37-5-12.3 – Contract defined.
37-5-12.3. Contract defined. For the purposes of §§37-5-1 to 37-5-12, inclusive, the term, contract, means any written franchised agreement, sales agreement, dealer agreement, or security agreement, or other form of agreement or arrangement of like effect and its successor. Source: SL 2004, ch 254, §3.
Section 37-5-12.4 – Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work.
37-5-12.4. Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work. Any manufacturer or supplier of merchandise as defined in subdivision 37-5-12.2(5), (8), or (9) that authorizes a dealer of such merchandise to perform the warranty work is obligated to provide that dealer reasonable compensation for diagnostic work, as well as repair service, […]
Section 37-5-13 – Definition of terms used in §§ 37-5-13 to 37-5-15.
37-5-13. Definition of terms used in §§37-5-13 to 37-5-15. Terms used in §§37-5-13 to 37-5-15, inclusive, mean: (1)”Dealer,” any person who receives machinery from a manufacturer under a dealership contract and who offers and sells the machinery to the general public from manufacturer authorized facilities in this state. The term, dealer, does not include a […]
Section 37-5-14 – Certain circumstances not cause for termination of dealership contract or entering into new dealership contract.
37-5-14. Certain circumstances not cause for termination of dealership contract or entering into new dealership contract. The following circumstances are not cause for the termination or discontinuance of a dealership contract, nor for entering into a dealership contract for the establishment of an additional dealership in a community for the same line-make: (1)The change of […]
Section 37-5-15 – Certain terms or conditions in dealership contract or lease prohibited–Not applicable to lease or sale of real property.
37-5-15. Certain terms or conditions in dealership contract or lease prohibited–Not applicable to lease or sale of real property. No manufacturer may require a dealer to agree to the inclusion of a term or condition in a dealership contract, or in any lease or agreement ancillary or collateral to a dealership contract, as a condition […]
Section 37-5-16 – Definitions.
37-5-16. Definitions. Terms used in §§37-5-16 to 37-5-18, inclusive, shall only be used for the purposes of §§37-5-16 to 37-5-18, inclusive, and mean: (1)”Retailer of outdoor power equipment,” a business that purchases outdoor power equipment for resale including: light industrial lawn and garden equipment, handheld lawn and garden equipment, snow removal equipment, and small engines […]
Section 37-5-17 – Manufacturer of outdoor power equipment required to compensate retailer for warranty work–Amount of compensation.
37-5-17. Manufacturer of outdoor power equipment required to compensate retailer for warranty work–Amount of compensation. Any manufacturer of outdoor power equipment that authorizes the retailer of outdoor power equipment selling such equipment to perform the warranty work shall include reasonable compensation for diagnostic work, as well as repair service, parts, and labor to the retailer. […]
Section 37-5-18 – Inapplicability of §§ 37-5-16 and 37-5-17 where only method of sales is through retailer with exclusive trade territory.
37-5-18. Inapplicability of §§37-5-16 and 37-5-17 where only method of sales is through retailer with exclusive trade territory. The provisions of §§37-5-16 and 37-5-17 do not apply if the manufacturer’s only method of sales is a contract with the retailer that provides for an exclusive trade territory and requires the retailer to make warranty repairs […]
Section 37-5-19 – Civil action for violation of chapter.
37-5-19. Civil action for violation of chapter. Any dealer, as defined in §37-5-12.1 or subdivision 37-5-13(1), whose business or property is injured by a violation of this chapter may bring a civil action to recover all court costs and reasonable attorney’s fees in addition to all other remedies of law. Source: SL 2012, ch 197, […]
Section 37-5-12.2 – Merchandise defined.
37-5-12.2. Merchandise defined. For the purposes of §§37-5-1 to 37-5-12, inclusive, the term, merchandise, means: (1)Automobiles, trucks, motorcycles, motor homes or travel trailers of the type and kind required to be titled and registered pursuant to chapters 32-3 and 32-5, and accessories; (2)Farm tractors, farm implements, farm machinery, and attachments; (3)Industrial and construction equipment and […]