Title 8 — Title 8

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer. History: (Acts 1990, No. 90-479, p. 701, §6.)

This chapter may be cited as “The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.” History: (Acts 1991, No. 91-721, p. 1401, §1.)

(a) Every supplier shall provide a fair and reasonable warranty agreement on any new equipment which it sells and shall fairly compensate each of its dealers for parts and labor used in fulfilling the warranty agreement. All claims for paying under the warranty agreement made by …

Assembly, or Design Beyond Dealer’s Control. The supplier will fully indemnify and hold harmless its dealer against any losses, including but not limited to: court costs, reasonable attorney’s fees, any damages arising out of complaints, claims or lawsuits including, but not limi…

Deceptive Trade Practices, and Other Unlawful Acts. Notwithstanding the terms, provisions or conditions of any dealer franchise or dealer agreement or the terms or provisions of any waiver, and notwithstanding any other legal remedies available, any person who is injured in his b…

Except as otherwise provided, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until constituting a violation of the provisions of this chapter. History: (…

As used in this chapter, the following terms shall have the ascribed meanings unless the context indicates a different meaning: (1) CONTINUING COMMERCIAL RELATIONSHIP. Any relationship in which the equipment dealer has been granted the right to sell and/or service equipment manuf…

It shall be a violation of this chapter for a supplier to do any of the following: (1) To coerce, compel, or require any dealer to order or accept delivery of any equipment or parts with special features or accessories not included in the base list price of such equipment as publ…

Contract, Etc.; New or Relocated Dealership; Sale or Lease of New Equipment. (a) Except as provided in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement, or other agreement by and between dealer and supplier except where grounds for termina…

Surplus Parts. (a) Every supplier shall provide for the availability of repair parts throughout the reasonable useful life of any equipment sold by the supplier or dealer. (b) Every supplier shall give written notice to and provide to its dealers, on at least an annual basis, an …

Supplier’s Duty to Repurchase Inventory, Etc. Upon Termination of Agreement; Transfer of Title and Right of Possession; Continuing Security Interest; Items Not Covered; Civil Liability of Supplier; Remedies. (a) Whenever any dealer enters into a dealer agreement with a supplier w…

Stockholder of Corporation Acting as Dealer; Inventory Repurchase; Applicability of Rights and Remedies. (a) In the event of the death or incapacity of the dealer or majority stockholder of a corporation operating as an equipment dealer, the supplier shall, at the option of the h…

Remedies. Any dealer may bring an action against a supplier in court of competent jurisdiction for damages sustained by the dealer as a result of supplier’s violation of any part of this chapter, together with the actual costs of the action, including but not limited to, reasonab…

The obligation of any supplier is applied to and made an obligation of any successor in interest or assignee of the supplier. A successor in interest includes, but is not limited to, any purchaser of the assets or stock, any surviving entity resulting from merger or liquidation, …

This chapter shall be known as and may be cited as the Alabama Heavy Equipment Dealer Act. History: (Act 2009-755, p. 2279, §1.)

This chapter shall impose on every term and provision of any dealer agreement a requirement of reasonableness. Every term or provision of any dealer agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable. History: (Act 2009-755, p. 2…

Each supplier shall indemnify and hold harmless its dealers against any damages, expenses, and losses including, but not limited to, court costs and reasonable attorneys’ fees incurred by the dealer arising out of complaints, claims, or lawsuits including, but not limited to, str…

Upon voluntary or involuntary termination, nonrenewal, or discontinuance of the dealer agreement by the dealer or supplier, the supplier shall repurchase from the dealer the following: (1) All heavy equipment which has been acquired from the supplier within three years prior to t…

Notwithstanding the terms, provisions, or conditions of any dealer agreement, any person who suffers bodily injury, loss of profit, or property damage as a result of a violation of this chapter may bring a civil action in a court of competent jurisdiction in this state to enjoin …

Any civil action commenced under this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of this chapter. History: (Act 2009…

This chapter shall apply to all dealer agreements in force and effect on May 22, 2009, and to all dealer agreements, amendments, and renewals to dealer agreements made after May 22, 2009. History: (Act 2009-755, p. 2279, §17.)

The Legislature finds and declares that the distribution and sale of heavy equipment in this state vitally affects the general economy of the state, the public interest, the public safety, and the public welfare and that, in the exercise of its police power, it is necessary to re…

The following words shall have the following meanings: (1) DEALER. A person, corporation, partnership, or other business entity primarily engaged in the business of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established place of business i…

Required. (a) Notwithstanding the terms, provisions, or conditions of any agreement or dealer agreement, no supplier shall unilaterally amend, terminate, or refuse to renew any dealer agreement, or unilaterally cause a dealer to resign from a dealer agreement, unless the supplier…

(a) Except as provided in subsection (d), a supplier shall provide a dealer at least 120 days’ prior written notice of any intention to amend, terminate, or decline to renew any dealer agreement. The notice shall state all of the reasons for the intended amendment, termination, o…

(a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer’s business or dealer agreement or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards of the sup…

Notices required by this chapter shall be sent by certified or registered mail or overnight delivery, postage prepaid. History: (Act 2009-755, p. 2279, §7.)

Dealership Agreements; Recovery of Damages. (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 dea…

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. History: (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…

Manufacturer or Distributor. (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…

(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…

Deficiencies. (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 cau…

(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.” History: (Acts 1984, No. 84-260, p. 433, §1.)

Gifts, Etc., Prohibited. 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 wh…

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. History: (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…

Injunctive Relief; Damages; Attorneys Fees; Jurisdiction. (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 o…

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 …