§ 4071. Definitions As used in this chapter: (1) “Current net price” means the price listed in the supplier’s price list or catalogue in effect at the time the dealer agreement is terminated, less any applicable discounts allowed. (2)(A) “Dealer” means a person primarily engaged in the business of retail sales of inventory. (B) “Dealer” […]
§ 4072. Termination of dealer agreement (a) Requirements for notice. (1) A person shall provide a notice required in this section by certified mail or by personal delivery. (2) A notice shall be in writing and shall include: (A) a statement of intent to terminate the dealer agreement; (B) a statement of the reasons for […]
§ 4073. Supplier’s duty to repurchase inventory (a) Whenever a dealer enters into a dealer agreement under which the dealer agrees to maintain an inventory, and the agreement is terminated by either party as provided in this chapter, the supplier, upon written request of the dealer filed within 30 days of the effective date of […]
§ 4074. Repurchase terms (a)(1) Within 90 days from receipt of the written request of the dealer, a supplier under the duty to repurchase inventory pursuant to section 4073 of this title may examine any books or records of the dealer to verify the eligibility of any item for repurchase. (2) Except as otherwise provided […]
§ 4075. Exceptions to repurchase requirement The provisions of this chapter shall not require a supplier to repurchase from a dealer: (1) a repair part with a limited storage life or otherwise subject to physical or structural deterioration, including gaskets or batteries; (2) a single repair part normally priced and sold in a set of […]
§ 4076. Transfer of business (a) No supplier shall unreasonably withhold consent to the transfer of the interest of any dealer, officer, member, or partner to any other party or parties. However, no dealer, officer, member, or partner shall have the right to sell, transfer, or assign the equipment dealership or power of management or […]
§ 4077. Uniform commercial practice Nothing contained in this chapter may be construed to release or terminate a perfected security interest of the supplier in the inventory of the dealer. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2001, No. 86 (Adj. Sess.), § 1, eff. May 2, 2002.)
§ 4077a. Prohibited acts (a)(1) A supplier shall not coerce or attempt to coerce a dealer to accept delivery of inventory that the dealer has not voluntarily ordered. (2) A supplier may require a dealer to accept delivery of inventory that is: (A) necessary to maintain inventory in a quantity, and of the model range, […]
§ 4078. Warranty obligations (a) A supplier shall: (1) specify in writing a dealer’s reasonable obligation to perform warranty service on the supplier’s inventory; (2) provide the dealer a schedule of reasonable compensation for warranty service, including amounts for diagnostic work, parts, labor, and the time allowance for the performance of warranty service; and (3) […]
§ 4079. Remedies (a) A person damaged as a result of a violation of this chapter may bring an action against the violator in a Vermont court of competent jurisdiction for damages, together with the actual costs of the action, including reasonable attorney’s fees, injunctive relief against unlawful termination or substantial change of competitive circumstances, […]
§ 4080. Waiver of chapter void The provisions of this chapter shall be deemed to be incorporated in every agreement and shall supersede and control all other provisions of the agreement. No supplier may require any dealer to waive compliance with any provision of this chapter. Any contract or agreement purporting to do so is […]
§ 4081. Obligation of successors in interest The obligation of any supplier or dealer is applied to and made an obligation of any successor in interest or assignee of the supplier or dealer. A successor in interest includes any purchaser of the assets or stock, any surviving entity resulting from merger or liquidation, any receiver, […]
§ 4082. Forestry and industrial equipment (a) The General Assembly finds that geographic restrictions imposed on trade of certain forestry and industrial equipment within the State is not in the public interest. Restrictions on dealers of large and expensive pieces of industrial and forestry equipment to smaller geographical areas within the State unreasonably restrains trade, […]
