Section 2 – Right of return on termination of retailing agreement — Credit on return.

13-14a-2. Right of return on termination of retailing agreement — Credit on return. (1) Upon termination of all sales agreements in which the dealer has agreed to offer the products of the manufacturer or wholesaler for retail sale and to stock wholegoods and parts inventories as may or may not be required by the manufacturer […]

Section 3 – Right of return on death of dealer — Continuation of business by heirs or survivors — Right to sell business.

13-14a-3. Right of return on death of dealer — Continuation of business by heirs or survivors — Right to sell business. (1) Upon the death of a dealer, the death of a general partner in a partnership operating as a dealer, or the death of a majority shareholder in a corporation operating as a dealer, […]

Section 4 – Termination of retailing agreement at will.

13-14a-4. Termination of retailing agreement at will. Any retailing agreement between a dealer and a manufacturer or wholesaler that is entered into or renewed after May 1, 1989, shall terminate at will, notwithstanding any agreement or law to the contrary, upon written notice of termination from the dealer. Any right arising from a prior breach […]

Section 5 – Notice or consent required before changing terms of retailing agreement — Limitations on pledge of personal assets — Cancellation of retailing agreement.

13-14a-5. Notice or consent required before changing terms of retailing agreement — Limitations on pledge of personal assets — Cancellation of retailing agreement. (1) Each manufacturer, wholesaler, financing subsidiary or division of the manufacturer, or any independent lender shall give the dealer prior written notice and obtain the dealer’s consent before: (a) changing either the […]

Section 6 – Security interest of wholesaler or manufacturer not affected.

13-14a-6. Security interest of wholesaler or manufacturer not affected. This chapter may not be construed to affect in any way any security interest that the wholesaler or manufacturer may have in the inventory of the dealer. The retailer, manufacturer, or wholesaler may furnish a representative to inspect all parts and certify their acceptability when packed […]

Section 7 – Attorneys’ fees and court costs — Punitive damages.

13-14a-7. Attorneys’ fees and court costs — Punitive damages. The court, in any action to compel compliance with this chapter, shall award costs and reasonable attorneys’ fees to the prevailing party. The court may award punitive damages. Amended by Chapter 317, 1995 General Session

Section 8 – Contractual right of return — Election of penalties.

13-14a-8. Contractual right of return — Election of penalties. If the agreement between a dealer and a manufacturer or wholesaler confers rights and duties covering the return of wholegoods and parts inventories upon termination of the agreement, the dealer may elect to proceed under the agreement. The dealer is not considered to have made this […]

Section 9 – Continuing obligation of manufacturer or wholesaler.

13-14a-9. Continuing obligation of manufacturer or wholesaler. (1) If a manufacturer or wholesaler is purchased by or merges with another company, the purchasing or surviving entity shall bear all of the responsibilities of the original or purchased manufacturer or wholesaler under this chapter. (2) If a manufacturer sells a product line, the purchasing entity bears […]