Title 45 — Trade and Commerce
49 chapters · 1,288 sections in this title.
AS 45.45.610 Repairs of nonconformities.
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If a new assistive technology device or mobility aid does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the lessor, or any of the manufacturer's authorized dealers and makes the assistive technology device or mobilit…
AS 45.45.620 Returns of nonrepairable goods; refunds.
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If, after a reasonable attempt to repair, the nonconformity reported under AS 45.45.610 is not repaired, the manufacturer shall (1) at the direction of a consumer who has not leased the assistive technology device or the mobility aid from a dealer, do one of the following: (A) ac…
AS 45.45.630 Procedures for returns and refunds.
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(a) To receive a comparable new assistive technology device or mobility aid or a refund under AS 45.45.620(1), a consumer shall offer to transfer possession of the assistive technology device or mobility aid having the nonconformity to its manufacturer. No later than 30 days afte…
AS 45.45.640 Lease unenforceable after refund.
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A person may not enforce the lease for an assistive technology device or a mobility aid against the consumer after the consumer receives a refund under AS 45.45.600 — 45.45.690.
AS 45.45.650 Limits on sale or lease of returned equipment.
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An assistive technology device or mobility aid returned by a consumer or a lessor in this state under AS 45.45.600 — 45.45.690, or by a consumer or lessor in another state under a similar law of that state, may not be sold or leased again in this state unless full disclosure of t…
AS 45.45.660 Rights may not be waived.
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A waiver by a consumer of rights under AS 45.45.600 — 45.45.690 is void.
AS 45.45.670 No limitation of other rights.
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AS 45.45.600 — 45.45.690 do not limit rights or remedies available to a consumer under any other law.
AS 45.45.680 Action for damages authorized.
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In addition to pursuing another remedy, a consumer may bring an action to recover for damages caused by a violation of AS 45.45.600 — 45.45.690. The court shall award a consumer who prevails in an action under this section twice the amount of any pecuniary loss, together with cos…
AS 45.45.690 Definitions.
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Article 11. Distributorships. In AS 45.45.600 — 45.45.690, (1) “assistive technology device” means an item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used or designed to be used to increase, maintain, or i…
AS 45.45.700 Coercion of dealer.
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(a) A distributor may not coerce or attempt to coerce a dealer to perform certain acts by using duress or by threatening to terminate the distributorship agreement or another agreement between the distributor and the dealer. (b) In this section, “certain acts” means (1) the purch…
AS 45.45.710 Disposition of merchandise remaining upon contract termination.
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(a) If a dealer maintains a stock of merchandise supplied for the dealer's resale under a distributorship agreement and if the distributor or the dealer terminates the distributorship agreement, the distributor shall, unless the dealer chooses to keep the merchandise, pay the dea…
AS 45.45.720 Time for payment.
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A distributor shall make the payments to the dealer under AS 45.45.710 not later than three months after the date the agreement is terminated. When the payment is made, the distributor shall provide the dealer with a final detailed statement of account for the merchandise.
AS 45.45.730 Death or disability of dealer or holder of majority interest in dealer.
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Unless the distributorship agreement is continued by the personal representative, an heir, a devisee, or another successor in interest of the individual, upon the death or disability of an individual who is a dealer or holds a majority interest in a dealer, a distributor who supp…
AS 45.45.740 Required purchase, reimbursement, and supplies.
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(a) In addition to any purchase of merchandise required by AS 45.45.710, if a distributor terminates a distributorship agreement or makes substantial changes in the competitive situation of the distributor's dealer with regard to distribution of the merchandise or services that a…
AS 45.45.750 Prohibited terms.
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(a) A distributor may not require a dealer to agree to any of the following terms in a distributorship agreement, or in another agreement that is ancillary to a distributorship agreement, as a condition of an offer, grant, or renewal of a distributorship agreement or ancillary ag…
AS 45.45.760 Civil action.
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(a) A dealer may bring an action in court against a distributor if the distributor engages in activity prohibited under AS 45.45.700 — 45.45.790. (b) In an action brought under (a) of this section, the dealer may obtain one or more of the following types of relief that apply to t…
AS 45.45.770 Exemptions.
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(a) AS 45.45.700 — 45.45.790 do not apply to (1) a distributorship agreement that would be considered a franchise regulated by 15 U.S.C. 2801 — 2841 (Petroleum Marketing Practices Act); (2) a situation regulated by AS 45.50.800 — 45.50.850; (3) a distributorship agreement, includ…
AS 45.45.790 Definitions.
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Article 12. Deceptive Acts or Practices Relating to Spyware. In AS 45.45.700 — 45.45.790, (1) “dealer” means a person who enters into a distributorship agreement and who, under the agreement, receives merchandise or services from a distributor; (2) “distributor” means a person wh…
AS 45.45.792 Prohibited conduct relating to spyware.
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(a) It is unlawful for a person who is not the owner or authorized user of a computer to engage in deceptive acts or practices described in this subsection using spyware. Deceptive acts or practices under this subsection are (1) causing a pop-up advertisement to be shown on the c…
AS 45.45.794 Removal of potentially harmful software.
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Notwithstanding AS 45.45.792, a provider of computer software or an interactive computer service may, after notice to a customer, remove from or disable a program on the customer's computer that is used to (1) violate AS 45.45.792; or (2) collect information from the computer of …
AS 45.45.798 Definitions.
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Article 13. Miscellaneous Provisions. In AS 45.45.792 — 45.45.798, (1) “interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server; “interactive computer service” …
AS 45.45.900 Indemnification agreements against public policy.
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A provision, clause, covenant, or agreement contained in, collateral to, or affecting a construction contract that purports to indemnify the promisee against liability for damages for (1) death or bodily injury to persons, (2) injury to property, (3) design defects, or (4) other …
AS 45.45.905 Transportation services contracts; indemnification agreements prohibited.
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(a) A motor carrier and a shipping person may not, with regard to a transportation services contract, agree that (1) the motor carrier will indemnify, defend, or hold the shipping person harmless, or agree to a provision that has the effect of indemnifying, defending, or holding …
AS 45.45.910 Sale or transfer of consumer electrical products.
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(a) Unless exempted by the department under (d) of this section, a person may not sell, offer to sell, or otherwise transfer in the course of the person's business a consumer electrical product that is manufactured after August 14, 1990, unless the product is clearly marked as be…
AS 45.45.920 Free trial period.
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(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not offer, promote, advertise, or provide a consumer with goods or services for a free trial period unless the seller complies with all the conditions of this section. (b) When offering, promoting, or adver…
AS 45.45.930 Opt-out marketing plans.
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(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not use an opt-out marketing plan to sell goods or services unless the seller complies with all of the provisions of this section. (b) Before using an opt-out marketing plan, a seller shall obtain express v…