§1361. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 195, §1 (NEW).] 1. Dealer. “Dealer” means a person located within this State who sells goods or solicits or advertises the sale of goods to the public. “Dealer” does not include receivers, […]
§1362. Civil remedies A dealer, distributor or franchisee who has been damaged by violation of this chapter may bring an action to enjoin the violation and to recover damages arising from the violation. A final judgment, order or decree rendered against a person in a civil, criminal or administrative proceeding under the federal antitrust laws, […]
§1363. Prohibited conduct The following are unfair methods of competition and unfair and deceptive practices. [PL 1993, c. 195, §1 (NEW).] 1. Damage to public. It is unlawful for a manufacturer, distributor or dealer to engage in an action that is arbitrary, in bad faith or unconscionable and that causes damage to another manufacturer, […]
§1364. Agreements subject to this chapter Written or oral agreements between a manufacturer and a distributor or dealer, including but not limited to franchise offerings, franchise agreements, agreements for sales of goods, advertising, leases or mortgages of goods, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts and […]
§1365. Franchise interest; vested rights Notwithstanding any other provision of law, it is unlawful for the manufacturer or franchisor, without due cause, to terminate a franchise or to fail to renew a franchise on terms then equally available to all its distributors or dealers. [PL 1993, c. 195, §1 (NEW).] SECTION HISTORY PL 1993, […]
§1366. Notice form, delivery and content All notices of termination or nonrenewal required by this chapter must: [PL 1993, c. 195, §1 (NEW).] 1. Delivery. Be sent by registered, certified or other receipted mail, delivered by telegram or personally delivered to the distributor or dealer; and [PL 1993, c. 195, §1 (NEW).] 2. […]
§1367. Manufacturer’s warranty obligations A manufacturer shall honor, in a timely fashion, an obligation to dealers or distributors to replace goods, reimburse or pay costs and expenses or provide services arising as a result of a warranty, franchise agreement or other agreement subject to this chapter. [PL 1993, c. 195, §1 (NEW).] SECTION HISTORY […]
§1368. Public policy A contract or part of a contract or activity undertaken pursuant to a contract in violation of this chapter is deemed against public policy and is void and unenforceable. [PL 1993, c. 195, §1 (NEW).] SECTION HISTORY PL 1993, c. 195, §1 (NEW).
§1369. Statute of limitation Actions arising out of any provision of this chapter must be commenced within 2 years after the cause of action accrues; however, if a person liable under this chapter conceals the cause of action from the person entitled to bring that action, the period prior to the discovery of that cause […]
§1370. Penalty Violation of this chapter constitutes an unfair trade practice under the Maine Unfair Trade Practices Act, Title 5, chapter 10. [PL 1993, c. 195, §1 (NEW).] SECTION HISTORY PL 1993, c. 195, §1 (NEW).
