§ 199-a. Definitions. As used in this article, the terms: 1. “Distributor” means any person engaged in the sale, consignment, or distribution of motor fuels to dealers. 2. “Dealer” means any person engaged in the retail sale of motor fuels for use in motor vehicles under a franchise entered into with a distributor. 3. “Franchise” […]
§ 199-b. Disclosures to prospective dealers. A distributor shall disclose in writing to any prospective dealer the following information, before any franchise is entered into: 1. The gallonage volume history, if any, of the location under negotiation for and during the three year period immediately past or for the entire period which the location has […]
§ 199-c. Termination or refusal to renew a franchise without good cause prohibited; notice requirement; right of action. 1. Except as otherwise provided in this article, no distributor or agent thereof shall terminate, cancel or refuse to renew any franchise except for good cause, which shall include, but not be limited to: (a) The dealer’s […]
§ 199-d. Repurchase of merchandise. In the event of any termination, cancellation or failure to renew a franchise, whether by mutual agreement or otherwise, a distributor shall make or cause to be made an offer in good faith to repurchase from the dealer at then current wholesale prices any and all merchantable products purchased by […]
§ 199-e. Waiver provisions. Any provision of any franchise agreement purporting to waive any provision of this article shall be null and void.
§ 199-f. Application. This act shall not apply to a franchise granted prior to the effective date of this article provided that a renewal or extension of such a franchise shall not be excluded from the application of this article.
§ 199-g. Arbitration. Any action instituted pursuant to this article in connection with the termination, cancellation, or non-renewal of a franchise, or any part thereof, which provides for the arbitration of disputes arising thereunder in accordance with the rules of the American Arbitration Association shall be subject to the provisions of article seventy-five of the […]
§ 199-h. Relationship to other laws. This article shall not be held to invalidate any provisions of the laws of this state unless there is a direct conflict between the provisions of this article and the provisions of such state law, in which case this article shall prevail.
§ 199-i. Dealers’ rights to transfer, assign or dispose of the franchise upon notice to distributor. 1. Every franchise agreement and any other lease or agreement in connection therewith between a distributor and a dealer shall be transferable or assignable at the option of the dealer provided the distributor consents to such assignment, which consent […]
§ 199-j. Dealer’s right to deal with suppliers other than his distributor. 1. Any provision of a franchise which requires a dealer to purchase or sell products of the distributor other than motor fuel, or which prohibits a dealer from purchasing or selling such products of persons or firms other than the distributor, shall be […]
§ 199-k. Separability. If any provision of this article or the application of such provision to any person or circumstance is held invalid, the remainder of this article and the application of such provision to other persons or circumstances shall not be affected by such holding.
§ 199-l. Removal of certain actions and proceedings. Where a proceeding is commenced to dispossess a dealer in a court which does not have jurisdiction to grant the relief provided in this article and the dealer demonstrates that he has a defense or counterclaim cognizable under this article, a court having such jurisdiction may remove […]
§ 199-m. Dealers’ rights of association. No distributor shall directly or indirectly, through any officer, agent or employee, restrict or inhibit the right of a dealer to join a trade association or to freely associate with other dealers for any lawful purpose. A failure to comply with this section shall be a violation punishable by […]
§ 199-n. Enforcement of dealers’ rights of association; injunction; damages; limitation of actions. Any distributor or officer, agent or employee of a distributor who violates section one hundred ninety-nine-m of this article may be sued in the supreme court in the county in which the defendant resides, or where a dealer affected by the violation […]
