Section 40-20-119 – Reimbursement for Warranty Work.
40-20-119. Reimbursement for warranty work. (a) If a dealer submits a warranty claim to a supplier while the dealer agreement is in effect or within sixty (60) days after the termination of the dealer agreement and if the claim is for work performed before the termination or expiration of the dealer agreement, the supplier shall […]
Section 40-20-120 – Repurchase Obligations of Supplier on Cancellation or Discontinuance of Dealer Agreement.
40-20-120. Repurchase obligations of supplier on cancellation or discontinuance of dealer agreement. (a) Whenever any dealer enters into a dealer agreement with a supplier and either the supplier or the dealer desires to cancel, not renew or otherwise discontinue the dealer agreement, the supplier shall pay to the dealer or credit to the dealer’s account, […]
Section 40-20-121 – Repurchase Not Required.
40-20-121. Repurchase not required. (a) The provisions of this chapter shall not require the repurchase from a dealer of: (i) Any repair part in a broken or damaged package. The supplier shall be required to repurchase a repair part in a broken or damaged package, for a repurchase price that is equal to eighty-five percent […]
Section 40-20-122 – Remedies and Enforcement.
40-20-122. Remedies and enforcement. If the supplier violates any provision of this chapter, the dealer may bring an action against the supplier in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier’s violation, including, but not limited to, damages for lost profits, together with the actual costs […]
Section 40-20-123 – Choice of Remedies; Exemption From Tax.
40-20-123. Choice of remedies; exemption from tax. (a) The provisions of this chapter shall be supplemental to any dealer agreement between the dealer and the supplier which provides the dealer with greater protection. The dealer can elect to pursue its contract remedy or the remedy provided by state law, or both. An election by the […]
Section 40-20-113 – Definitions.
40-20-113. Definitions. (a) As used in this chapter: (i) “Current net parts price” means: (A) For current parts, the price for repair parts listed in the supplier’s price list or catalogue in effect at the time the dealer agreement is cancelled or discontinued, or for purposes of W.S. 40-20-119, the price list or catalogue in […]
Section 40-20-114 – Violations of Chapter.
40-20-114. Violations of chapter. (a) It shall be a violation of this chapter for a supplier to take any one (1) or more of the following actions: (i) To coerce, compel or require any dealer to accept delivery of any equipment or repair parts which the dealer has not voluntarily ordered, except as required by […]
Section 40-20-115 – Termination of Dealer Agreements.
40-20-115. Termination of dealer agreements. (a) A dealer may terminate a dealer agreement without cause. The dealer shall give the supplier at least thirty (30) days prior written notice of termination. No supplier may terminate a dealer agreement without good cause. Notice from the supplier to the dealer shall be as provided in W.S. 40-20-116 […]
Section 40-20-116 – Termination of Dealer Agreements; Single Line Dealers.
40-20-116. Termination of dealer agreements; single line dealers. (a) This section shall only apply to the dealer agreements between a single line dealer and a single line supplier. (b) No supplier may terminate a dealer agreement without good cause. For purposes of this section and W.S. 40-20-118 only, good cause means failure by a dealer […]
Section 40-20-117 – Notice of Termination of Dealer Agreement; Cure of Deficiency; Approval of Dealer Ownership Transfer; Death of Dealer.
40-20-117. Notice of termination of dealer agreement; cure of deficiency; approval of dealer ownership transfer; death of dealer. (a) Except as otherwise provided in this section, a supplier shall provide a dealer at least one hundred eighty (180) days prior written notice of termination of a dealer agreement. The notice shall state all reasons constituting […]