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Home » US Law » 2022 New York Laws » Consolidated Laws » GBS - General Business » Article 38 - Vessel Dealer Agreements

810 – Definitions.

§ 810. Definitions. For the purposes of this article: 1. “Dealer” shall mean any person who (a) engages, in whole or in part, in the business of buying, selling, leasing, exchanging and/or repairing new and unused vessels and/or used vessels, or new and unused and/or used inboard engines, inboard/outdrives or outboard motors for vessels, and […]

811 – Repurchase of Vessels and Parts.

§ 811. Repurchase of vessels and parts. Upon the termination, cancellation or non-renewal of any dealer agreement, except as otherwise provided in subdivision one of section eight hundred twelve of this article, by a manufacturer or distributor pursuant to this article the new vessel dealer shall be paid the dealer invoice price plus any shipping […]

812 – Termination or Renewal of Agreement.

§ 812. Termination or renewal of agreement. 1. Termination for cause. A manufacturer or distributor may terminate an agreement with a dealer for cause upon not less than fifteen days written notice sent by certified mail or statutory overnight delivery, return receipt requested, to the dealer stating the specific grounds for such termination, only upon […]

813 – Vessel Preparation, Warranty and Warranty Reimbursement.

§ 813. Vessel preparation, warranty and warranty reimbursement. 1. If a manufacturer or distributor requires or permits a dealer to provide parts or to perform labor to satisfy a warranty created by the manufacturer or distributor, the manufacturer or distributor shall: (a) properly and promptly fulfill its warranty obligations; (b) adequately and fairly compensate the […]

814 – Arbitration.

§ 814. Arbitration. A cause of action to enforce the provisions of this article may be commenced in any court having jurisdiction over such action or may be resolved through arbitration pursuant to arbitration standards recognized by the American Arbitration Association. Every arbitration conducted pursuant to this article shall be conducted in this state.

815 – Penalties.

§ 815. Penalties. 1. Any manufacturer or distributor found to have violated any provision of section eight hundred thirteen of this article shall be liable to the dealer for all reimbursement required by such section and interest thereon at a rate of prime plus three percent per annum that such amount was due and owing […]

816 – Waiver.

§ 816. Waiver. No manufacturer or distributor shall, as a condition of entering into any agreement or contract with a dealer or in any dealer agreement, require any dealer to waive any provision or right granted pursuant to this article.