Title 8

(a) No supplier shall require or prohibit any change in management personnel of any dealer unless the current or proposed management or personnel fails to meet reasonable qualifications and standards required by the supplier for its dealers. (b) No supplier shall engage in any ac…

This chapter shall be deemed to be incorporated into every dealer agreement subject to this chapter and shall supersede and control all provisions of any dealer agreement inconsistent with this chapter. (Act 2009-755, p. 2279, §9.)

(a) It is the intent of the Legislature to protect the public health, safety, and welfare of the residents of the state by regulating the relationship between recreational vehicle dealers, manufacturers, and distributors, by maintaining competition, and by providing consumer prot…

(a) A manufacturer or distributor may not coerce or attempt to coerce a dealer to do any of the following: (1) Purchase a product that the dealer did not order. (2) Enter into an agreement with the manufacturer or distributor. (3) Enter into an agreement that requires the dealer …

(a) A dealer, manufacturer, distributor, or warrantor injured by another party’s violation of this chapter may bring a civil action in circuit court to recover actual damages. The court shall award attorney’s fees and costs to the prevailing party in such an action. Venue for any…

As used in this chapter, the following words shall have the following meanings: (1) AREA OF SALES RESPONSIBILITY. The geographical area, agreed to by the dealer and the manufacturer or the distributor or in the manufacturer and dealer agreement, within which the dealer has the ex…

(a)(1) After September 30, 2011, a manufacturer or distributor may not sell a recreational vehicle in this state to or through a dealer without having first entered into a manufacturer and dealer agreement with the dealer which has been signed by both parties. (2) A dealer may no…

(a) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a manufacturer and dealer agreement with or without cause. If the manufacturer or distributor terminates, cancels, or fails to renew a manufa…

(a) If the manufacturer and dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without cause as defined in subsection (b) of Section 8-21C-4 or if the dealer terminates or cancels the manufacturer and dealer agreement for cause as defined …

(a) If a dealer desires to make a change in ownership by the sale of the business assets, a stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least 15 business days before the closing, including all supporting documentation as m…

(a) Each warrantor shall do all of the following: (1) Specify in writing each of its dealer obligations, if any, for preparation, delivery, and warranty service on its products. (2) Compensate a dealer for warranty service required of the dealer by the warrantor. (3) Provide a de…

Notwithstanding the terms of any manufacturer and dealer agreement: (1) A warrantor shall indemnify and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer shal…

(a) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of th…

This act shall be known and may be cited as the “Motor Fuel Marketing Act.” (Acts 1984, No. 84-260, p. 433, §1.)

In all advertisements, offers for sale or sales involving two or more items, at least one of which items is motor fuel, at a combined price, and in all advertisements, offers of sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be c…

When one wholesaler sells motor fuel to any other wholesaler, the former shall not be required to include in his selling price to the latter “cost to the wholesaler” as provided by Section 8-22-4, but the latter wholesaler, upon resale to a retailer, shall be subject to the provi…

(a) The provisions of the Motor Fuel Marketing Act shall not apply to a sale at wholesale or a sale at retail made (1) In an isolated transaction and not in the usual course of business; (2) Where motor fuels are advertised, offered for sale, or sold in a bona fide clearance sale…

(a) Any wholesaler may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is rendering the same type service and is selling the same article at cost to the said competing wholesaler as defined in this chapter. Any reta…

Any contract, express or implied, made by any person in violation of any of the provisions of this chapter, is illegal and void and no recovery shall be had thereon. (Acts 1984, No. 84-260, p. 433, §14.)

(a) In determining cost to the wholesaler and cost to the retailer, the court of jurisdiction shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under this chapter purchased the motor fuel involved in …

(a) Any person who violates this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such person shall also be liable for attorney fees and shall be subject to injunctive relief. Each day that a violation of…

(a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or t…

In any action brought under Sections 8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted if …

The Legislature makes the following findings with respect to the marketing of motor fuel in Alabama: (1) Marketing of motor fuel is affected with the public interest. (2) Unfair competition in the marketing of motor fuel occurs whenever costs associated with the marketing of moto…

It is hereby declared that marketing of motor fuel in Alabama is affected with the public interest. It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against creation of monopolies or unfair methods of competi…

The following terms shall have the meanings ascribed to them in this section unless otherwise stated and unless the context or subject matter clearly indicates otherwise: (1) PERSON. Any person, firm, association, organization, partnership, business trust, joint stock company, co…

All persons engaged in commerce in this state are required to disclose, upon request, their transfer prices on each grade of motor fuel transferred or sold to itself or an affiliate for resale at another marketing level of distribution. Such disclosure shall only be made to those…

It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons on the same day and on the same level of distribution, within the same market…

It shall be unlawful for any person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale at another marketing level of distribution at a transfer price that is below cost or lower than the price it charges a person who purchases fo…

(a) It is not a violation of this chapter if a difference exists between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale at the same level of distribution, including any discounts, rebates, allow…

It shall be unlawful under this section: (1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition. (2) For any person, where the effect is to injure competition, …

The Legislature finds and declares that there exist in connection with a substantial number of contracts for health studio services certain practices and business and financing methods which have worked undue financial hardship upon some of the citizens of our state, and that exi…

Supervision and enforcement of the provisions of this chapter shall rest with the Attorney General and district attorneys of the several judicial circuits where such health studios are situated, respectively. (Acts 1984, No. 84-297, p. 661, §10.)

Violation of this chapter shall constitute a Class C felony. (Acts 1984, No. 84-297, p. 661, §11.)

Provisions of this chapter are not exclusive and do not relieve the parties or contracts subject thereto from compliance with all other applicable laws. (Acts 1984, No. 84-297, p. 661, §12.)

Failure to comply with the provisions of this chapter is an unfair or deceptive trade practice. (Acts 1984, No. 84-297, p. 661, §13.)

For purposes of this section, the following terms shall have the following meanings, unless the context requires otherwise: (1) HEALTH STUDIO. Includes any person, firm, corporation, organization, club, or association engaged in the sale of instruction, training, or assistance in…

(a) Each person who sells health studio services in this state shall register with the Attorney General’s Consumer Protection Division on forms the division provides. The person shall furnish the full name and address of each business location where health studio services are sol…

Every contract for the sale of health studio services shall contain the following: (1) Provisions for the penalty-free cancellation of the contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health s…

Upon entering into a contract for health studio services, the buyer shall be provided with a written contract, which shall include the name, address, and primary place of business of the health studio. Prior to entering into any such contract, the health studio shall also provide…

The provisions of this chapter shall not apply to any contracts for health studio services entered into before August 13, 1984, or to the subsequent renewals of said contracts. (Acts 1984, No. 84-297, p. 661, §6.)

No right of action or defense arising out of a contract for health studio services which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not he acquires the contract in good f…

No contract for health studio services shall require or entail the execution of any note or series of notes by the buyer which when separately negotiated will cut off as to the parties any right of action or defense which the buyer may have against the seller. (Acts 1984, No. 84-…

Any contract for health studio services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy. (Acts 1984, No. 84-297, p. 661, §9.)

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSION. Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage…

(a) The terms of the contract between the principal and sales representative shall determine when a commission is due. (b) If the time when the commission is due cannot be determined by a contract between the principal and sales representative, the past practices between the part…