Chapter 93E

Section 1. For the purpose of this chapter, the following words shall, unless the context otherwise requires, have the following meanings:— ''Supplier'', any person engaged in the sale, consignment or distribution of petroleum products to retail outlets. ''Dealer'', any person wh…

Section 2. This chapter shall apply to agreements pertaining to the sale of gasoline and related products when (a) more than twenty percent of the dealer's gross sales are covered by such agreement and (b) such gross sales covered by such agreement are more than twenty-five thous…

Section 3. A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded:— (a) The gallonage volume history, if any, of the location under negotiation for and during the three year period immediately past or for the en…

Section 3A. No agreement, formal or informal, shall require the use of any promotion, premium, coupon, give-away, or rebate in the operation of the business; provided, however, that a retail dealer may participate in a promotion, premium, coupon, give-away, or rebate sponsored by…

Section 4. In the event of any termination, assignment, cancellation or failure to renew, whether by mutual agreement or otherwise, a supplier shall within thirty days of such termination, assignment or failure to renew make or cause to be made an offer in good faith to repurchas…

Section 4A. Every marketing agreement between a supplier and a retail dealer shall be subject to the following non-waiverable provisions, whether or not they are expressly set forth in the agreement: (a) No agreement between a retail dealer and a supplier shall require a retail d…

Section 5. (a) Unfair methods of competition and unfair or deceptive acts or practices, as defined in section 5A, are hereby declared to be unlawful. (b) In construing paragraph (a) the courts may be guided by the interpretations of the Federal Trade Commission Act or the Federal…

Section 5A. (a) It shall be unlawful to include in any marketing agreement any term which provides for the termination of such marketing agreement by a supplier upon the death of the retail dealer if the dealer, prior to his demise, designates a successor-in-interest in a form pr…

Section 6. No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing him from joining any trade association made up of dealers.

Section 7. A dealer may bring an action for damages sustained as a result of (1) failure to make such disclosures as are required in section three; or (2) failure to make an offer in good faith to repurchase as required in section four; or (3) wrongful termination of or failure t…

Section 7A. The attorney general shall enforce compliance with the provisions of this chapter in accordance with section 4 to 8, inclusive, of chapter 93A. Any retail dealer shall have the right to damages as provided in sections 9 and 10 of said chapter 93A. A final judgment, or…

Section 7B. Any contract or part thereof or practice thereunder in violation of any provision of this chapter shall be deemed against public policy and shall be void and unenforceable.

Section 7C. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall…

Section 8. No action may be brought under this chapter for a cause of action which arose more than one year prior to the date such action is brought.

Section 9. This chapter shall apply only to agreements entered into, renewed or amended on or after November first, nineteen hundred and seventy-two.