Section 37-5-7.1 – Time for payment of costs and charges to dealer–Final statement of account.
37-5-7.1. Time for payment of costs and charges to dealer–Final statement of account. The payments to be made to the dealer pursuant to §§37-5-5 to 37-5-9, inclusive, shall be made no later than sixty days from the date the merchandise is received by the wholesaler, manufacturer, or distributor and shall be accompanied by a final […]
Section 37-5-8 – Failure to pay dealer on cancellation of contract–Action by dealer–Applicability of section.
37-5-8. Failure to pay dealer on cancellation of contract–Action by dealer–Applicability of section. If any manufacturer, wholesaler, or distributor of merchandise or repair parts for the merchandise, or their successors, upon cancellation of a contract by either a dealer or a manufacturer, wholesaler, or distributor, or their successor, fails or refuses to make payment to […]
Section 37-5-9 – Death of dealer–Repurchase of merchandise, parts, and attachments–Exercise of rights by heirs.
37-5-9. Death of dealer–Repurchase of merchandise, parts, and attachments–Exercise of rights by heirs. In the event of the death of the dealer or majority stockholder in a corporation operating a dealership in the business of selling merchandise or repair parts for merchandise, the wholesaler, distributor, or manufacturer who supplied the merchandise, or its successor, shall […]
Section 37-5-10 – Current unused complete farm implements, machinery or attachments defined.
37-5-10. Current unused complete farm implements, machinery or attachments defined. For the purposes of §§37-5-5 and 37-5-9, the term, current unused complete farm implements, machinery, and attachments, means any unused complete farm implement, machinery, or attachment which is less than two years old as determined by the date of invoice. Source: SL 1991, ch 318.
Section 37-5-11 – Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited.
37-5-11. Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited. Any provision in any agreement evidenced by a franchise agreement, sales agreement, security agreement, or other form of agreement or arrangement of like effect between any wholesaler, manufacturer, distributor of farm machinery or implements, or distributor of industrial or […]
Section 37-5-12 – Waiver of law void.
37-5-12. Waiver of law void. Any condition, stipulation, or provision in any agreement evidenced by a franchise agreement, sales agreement, security agreement, or other form of agreement or arrangement of like effect, purporting to waive compliance with any provision of this chapter, or other provision of state law applying to such agreements is void as […]
Section 37-5-12.1 – Dealer defined.
37-5-12.1. Dealer defined. For the purposes of §§37-5-1 to 37-5-12, inclusive, the term, dealer, means any person, or the person’s successor who, for commission or with intent to make a profit or gain, sells, exchanges, rents, leases with the option to purchase, or offers or attempts to negotiate a sale or exchange any merchandise as […]
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 […]
Section 37-5-6 – Contracts subject to dealer’s right to recovery of costs and charges on cancellation.
37-5-6. Contracts subject to dealer’s right to recovery of costs and charges on cancellation. The provisions of §37-5-5 relating to a retailer’s right to cancel or discontinue a contract and receive payment for machines, attachments, and parts returned shall apply to all contracts in effect on July 1, 1969, which have no expiration date and […]
Section 37-5-1 – Coercion of dealer to force unwanted purchases as misdemeanor.
37-5-1. Coercion of dealer to force unwanted purchases as misdemeanor. It is a Class 1 misdemeanor for any manufacturer, factory, branch, distributor, or distributor-branch, or any field representative, officer, agent, or representative of any of them to coerce or attempt to coerce any dealer to purchase or accept delivery of any merchandise, repair parts for […]