Agreements to which article shall apply

The provisions of this article shall apply to all written or oral agreements between a manufacturer with a wholesaler including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer has any direct or indirect interest. (Code 1981, § 13-8-38, enacted by Ga. L. 1993, p. 1585, § 4.) 13-8-39. Failure to renew, termination of, or restriction on transfer of franchise without due cause. It shall be unlawful for the manufacturer or franchisor, without due cause, to fail to renew on terms then equally available to all its wholesalers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used in this Code section, ‘‘due cause’’ shall be construed in accordance with the definition of same as contained in subparagraph (c)(3)(B) of Code Section 13-8-35. (Code 1981, § 13-8-39, enacted by Ga. L. 1993, p. 1585, § 4.) 578 13-8-42 13-8-40. Damages recoverable for injuries sustained by violations of article; class actions; punitive damages. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-35, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney’s fee. (b) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief. (c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law. (Code 1981, § 13-8-40, enacted by Ga. L. 1993, p. 1585, § 4.) 13-8-41. Contracts and agreements in violation of article as void.