10 §1241. Short title
§1241. Short title This chapter may be known and cited as the “Personal Sports Mobile Business Practices Act.” [PL 1997, c. 473, §3 (NEW).] SECTION HISTORY PL 1997, c. 473, §3 (NEW).
10 §1242. Definitions
§1242. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 473, §3 (NEW).] 1. Designated family member. “Designated family member” means the spouse, child, grandchild, parent or sibling of the owner of a new personal sports mobile dealership who in the case […]
10 §1243-A. Unlawful sale of new personal sports mobile
§1243-A. Unlawful sale of new personal sports mobile A person is guilty of unlawful sale of a new personal sports mobile if that person sells a new personal sports mobile and does not possess a current and valid franchise with the personal sports mobile manufacturer of the brand of new personal sports mobile being sold. […]
10 §1243. Prohibited acts
§1243. Prohibited acts The following acts are unfair methods of competition and unfair and deceptive practices. It is unlawful for any: [PL 1997, c. 473, §3 (NEW).] 1. Damage to public. Manufacturer or personal sports mobile dealer to engage in any action that is arbitrary, in bad faith or unconscionable and that causes damage […]
10 §1244. Limitations on establishing or relocating dealerships
§1244. Limitations on establishing or relocating dealerships A new personal sports mobile dealership may not be established nor may a personal sports mobile dealership be relocated, except as follows. [PL 1997, c. 473, §3 (NEW).] 1. Notification. If a manufacturer seeks to enter into a franchise establishing an additional new personal sports mobile dealership […]
10 §1245. Transportation damages
§1245. Transportation damages 1. Liability of new dealer after acceptance. Notwithstanding the terms, provisions or conditions of any agreement or franchise, the new personal sports mobile dealer is solely liable for damages to new personal sports mobiles after acceptance from the carrier and before delivery to the ultimate purchaser. [PL 1997, c. 473, §3 […]
10 §1246. Survivorship
§1246. Survivorship 1. Right of family member. The right of a designated family member to succeed in dealer ownership is governed by the following provisions. A. Any designated family member of a deceased or incapacitated new personal sports mobile dealer who has been designated as successor to that dealer in writing to the manufacturer […]
10 §1247. Delivery and preparation obligations; product liability and implied warranty complaints
§1247. Delivery and preparation obligations; product liability and implied warranty complaints Every manufacturer shall specify to the dealer the delivery and preparation obligations of its personal sports mobile dealers prior to delivery of new personal sports mobiles to retail buyers. The delivery and preparation obligations of its personal sports mobile dealers and a schedule of […]
10 §1248. Warranty
§1248. Warranty 1. Parts or labor; satisfaction of warranty. If a personal sports mobile franchisor requires or permits a personal sports mobile franchisee to perform labor or provide parts in satisfaction of a warranty created by the franchisor, the franchisor shall properly and promptly fulfill its warranty obligations and shall: A. Reimburse the franchisee […]
10 §1249. Unreasonable restrictions
§1249. Unreasonable restrictions It is unlawful directly or indirectly to impose unreasonable restrictions on a personal sports mobile dealer or franchisee relative to transfer; sale; right to renew; termination; discipline; noncompetition covenants; site-contracts whether by sublease, collateral pledge of lot purchase or option to purchase; compliance with subjective standards; or assertion of legal or equitable […]
10 §1250-A. Franchise interest; vested rights
§1250-A. Franchise interest; vested rights Notwithstanding any other provision of law, it is unlawful for the manufacturer, wholesaler, distributor or franchisor without due cause to fail to renew a franchise on terms then equally available to all its personal sports mobile dealers, to terminate a franchise or to restrict the transfer of a franchise unless […]
10 §1250-B. Franchisee’s right to associate
§1250-B. Franchisee’s right to associate Any franchisee has the right of free association with other franchisees for any lawful purpose. [PL 1997, c. 473, §3 (NEW).] SECTION HISTORY PL 1997, c. 473, §3 (NEW).
10 §1250-C. Discounts and other inducements
§1250-C. Discounts and other inducements In connection with a sale of a personal sports mobile or mobiles to the State or to any political subdivision of the State, a manufacturer may not offer any discounts, refunds or any other similar type of inducement to any dealer without making the same offer or offers to all […]
10 §1250-D. Public policy
§1250-D. Public policy Any contract or part of a contract or practice under a contract in violation of any provision of this chapter is against public policy and is void and unenforceable. Any existing contract or part of a contract or practice under a contract in violation of any provision of this chapter is against […]
10 §1250-E. Advertisements
§1250-E. Advertisements Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale or has business dealings with respect to a personal sports mobile within the State is subject to this chapter. [PL 1997, c. 473, §3 (NEW).] SECTION HISTORY PL 1997, c. […]
10 §1250-F. Civil remedies
§1250-F. Civil remedies 1. Civil remedies. A franchisee or personal sports mobile dealer who suffers financial loss of money or property, real or personal, or who has otherwise been adversely affected as a result of an unfair method of competition, an unfair or deceptive act or a violation of a provision of this chapter may […]
10 §1250-G. Statute of limitation
§1250-G. Statute of limitation Actions arising out of any provision of this chapter must be commenced within 4 years after the cause of action accrues; however, if a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of […]
10 §1250-H. Construction
§1250-H. Construction In construing this chapter the courts may be guided by the interpretations of the Federal Trade Commission Act, 15 United States Code, Section 45, as amended. [PL 1997, c. 473, §3 (NEW).] SECTION HISTORY PL 1997, c. 473, §3 (NEW).
10 §1250-I. Jurisdiction
§1250-I. Jurisdiction Any person who violates any provision of this chapter is subject to the jurisdiction of the courts of this State upon service of process in accordance with Title 14, chapter 203 and consistent with the maximum limits of due process as decided by the United States Supreme Court. [PL 1997, c. 473, […]
10 §1250-J. Penalty (REPEALED)
§1250-J. Penalty (REPEALED) SECTION HISTORY PL 1997, c. 473, §3 (NEW). PL 1997, c. 717, §6 (RP).