US Lawyer Database

Section 12-9-119 – Indemnification.

12-9-119. Indemnification. A manufacturer shall fully indemnify and hold harmless its distributor against any losses, including, but not limited to, court costs and reasonable attorney’s fees or damages arising out of complaints, claims or lawsuits, including, but not limited to, strict liability, negligence, misrepresentation or express or implied warranty if the complaint, claim or lawsuit […]

Section 12-9-109 – Conditions and Notice Required.

12-9-109. Conditions and notice required. (a) Notwithstanding W.S. 12-9-105 and 12-9-106, a manufacturer may immediately terminate, cancel, fail to renew, or discontinue an agreement if any of the following occur: (i) Insolvency of the distributor, the filing of any petition by or against the distributor under any bankruptcy or receivership law, or the dissolution or […]

Section 12-9-110 – Discontinuance of Production or Distribution.

12-9-110. Discontinuance of production or distribution. Notwithstanding W.S. 12-9-105, 12-9-108 and 12-9-109, a manufacturer may terminate, cancel, not renew or discontinue an agreement upon not less than thirty (30) days prior written notice if the supplier discontinues production or discontinues distribution throughout this state of all the brands sold by the manufacturer to the distributor. […]

Section 12-9-111 – Effort Required by Distributor.

12-9-111. Effort required by distributor. The distributor shall devote such efforts and resources to sales and distribution of all the manufacturer’s products which the distributor has been granted the right to sell and distribute as reasonably required by the agreement between the manufacturer and distributor.

Section 12-9-112 – Waiver Prohibited.

12-9-112. Waiver prohibited. A distributor shall not waive any of the rights granted in any provision of this act. Nothing in this act shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.

Section 12-9-113 – Agreement Subject to Act.

12-9-113. Agreement subject to act. The provisions of this act shall apply to all agreements between a manufacturer and distributor entered into on or after the effective date of this act.

Section 12-9-114 – Agreements Binding on Successor.

12-9-114. Agreements binding on successor. A successor to a manufacturer that continues in business as a manufacturer shall be bound by all terms and conditions of each agreement of the manufacturer in effect on the date of succession.

Section 12-9-115 – Reasonable Compensation.

12-9-115. Reasonable compensation. (a) In the event that a distributor is terminated by a manufacturer in bad faith or for other than good cause, the distributor shall be entitled to additional compensation from the manufacturer for: (i) The fair market value of any and all assets, including ancillary business assets of the distributor used in […]

Section 12-9-116 – Remedies.

12-9-116. Remedies. (a) During the thirty (30) day period provided in W.S. 12-9-108, either party, in appropriate circumstances, may bring an action in the appropriate court of this state pending a final determination of the proceedings on the merits. (b) In any action brought under this act, the court shall have authority to grant temporary, […]