Title 09, Title 09: Commerce and Trade

§ 3901. Definitions As used in this chapter: (1) “Default” means the violation or failure to perform a duty or obligation created in this chapter or in a rental agreement. (2) “Electronic mail” means the transmission of information through computer or other electronic means or a …

§ 3902. Residential purposes (a) An occupant shall not use storage space at a self-storage facility for residential purposes. (b) An owner shall not knowingly permit the use of a storage space for residential purposes. (Added 2007, No. 183 (Adj. Sess.), § 2, eff. Jan. 1, 2009; am…

§ 3903. Disclosures (a) A rental agreement shall contain the following: (1) the name and address of the owner and occupant; (2) the actual monthly occupancy charge, rent, or lease amount for the storage space provided, expressed in dollars; (3)(A) disclosure of the charges the ow…

§ 3904. Lien (a) An owner has a possessory lien upon all personal property located in a storage space for: (1) rent; (2) labor; (3) late fees or other charges relating to the personal property; and (4) expenses arising from the preservation or sale of the property pursuant to thi…

§ 3905. Enforcement of lien If an occupant defaults under a rental agreement, the owner may enforce the lien created in section 3904 of this title pursuant to this section. (1) First notice of default. Not sooner than seven days after a default, the owner shall notify the occupan…

§ 3906. Scope; supplemental nature of chapter (a) If an owner issues a warehouse receipt, bill of lading, or other document of title for the personal property stored in a self-storage facility, the owner and the occupant are subject to Title 9A and this chapter does not apply. (b…

§ 3907. Savings clause This chapter shall only apply to self-storage rental agreements entered into, extended, or renewed after January 1, 2009. Rental agreements providing for monthly rental payments but providing no specific termination date shall be subject to this chapter on …

§ 3908. Severability If any provision of this chapter or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end, the provisions…

§ 3981. Loser may recover loss A person who pays money or other valuable thing lost at a game or sport or horse race may recover the value thereof of the person to whom it was paid in a civil action, if commenced within one month from the time of payment.

§ 3982. Void contracts Contracts, promises, notes, bills, bonds, judgments, and other assurances, and mortgages, conveyances, or securities made and executed by a person in which any part of the consideration is for money or other valuable thing won on any of the aforesaid games,…

§ 4001. Definitions As used in this chapter: (1) “Contractor” means a person or entity that contracts with an owner to perform work, or provide materials or machinery necessary to perform work on real property. (2) “Work” means to build, alter, repair, or demolish any improvement…

§ 4002. Owner’s payment obligations (a) The owner shall pay the contractor strictly in accordance with the terms of the construction contract. (b) In the event that the construction contract does not contain a term governing the terms of payment, the contractor shall be entitled …

§ 4003. Contractor’s and subcontractor’s payment obligations (a) Performance by a subcontractor in accordance with the provisions of its contract shall entitle it to payment from the party with which it contracts. (b) Notwithstanding any contrary agreement, a contractor or subcon…

§ 4004. Errors in documentation If an invoice is filled out incorrectly, or incompletely, or if there is any defect or impropriety in an invoice submitted, the receiving owner, contractor, or subcontractor shall contact the invoicing contractor or subcontractor in writing within …

§ 4005. Retainage (a) If payments under a construction contract are subject to retainage, any amounts that have been retained during the performance of the contract and that are due to be released to the contractor upon final completion shall be paid within 30 days after final ac…

§ 4005a. Fund held in trust; commingling; no effect on title to real property (a) As used in this section: (1) “Claim” means any valid claim for materials furnished or services rendered in the construction, repair, remodeling, improvement, or renovation of any building or structu…

§ 4006. Prepayment; advance payment This chapter shall in no way be construed to prohibit an owner, contractor, or subcontractor from making advance payments, progress payments, or from prepaying if agreements or other circumstances make such payments appropriate. All such paymen…

§ 4007. Disputes; penalties; attorney’s fees (a) Nothing in this chapter shall prevent an owner, contractor, or subcontractor from withholding payment in whole or in part under a construction contract in an amount equalling the value of any good faith claims against an invoicing …

§ 4008. Contracts involving federal aid Notwithstanding any provision of this chapter, language varying the requirements of this chapter may be included in contracts when such variance is required by any statute, regulation, or grant agreement conditioning the receipt or expendit…

§ 4009. Owner exclusion This chapter shall not apply to contracts for the purchase of materials by a natural person performing work on his or her own real property. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)

§ 4021. Definitions As used in this chapter: (1) “Person” refers to any individual, partnership, corporation, association, or other organization. (2) “Trading stamp” refers to any stamp or similar device issued in connection with the retail sale of merchandise or service, as a ca…

§ 4022. Fraud prohibited A trading stamp company shall not willfully commit any fraud or make any false representation or resort to any lottery in distributing or redeeming trading stamps in this State. (Added 1959, No. 240, § 2, eff. Sept. 1, 1959.)

§ 4023. Distribution, limitations A trading stamp company shall not issue or distribute trading stamps in this State after this chapter takes effect unless (1) each stamp has legibly printed upon its face in cents or any fraction thereof a cash value determined by the company, an…

§ 4024. Registration; bond (a) A trading stamp company shall not issue or distribute trading stamps in this State after September 1, 1959 until it has filed simultaneously with the Secretary of State on forms specified by him or her: (1) A statement of registration accompanied by…

§ 4025. Claims, enforcement (a) In the event the company defaults in performing its obligations under this chapter, all rightful holders of trading stamps of the company shall be entitled to make claim against the bond filed under subdivision 4024(a)(2) of this title. Retailers i…

§ 4026. Notice of cessation of redemption A trading stamp company shall not cease or suspend the redemption of trading stamps in cash in this State without filing with the Secretary of State, at least 90 days before the suspension, written notice of its intention so to do and con…

§ 4027. Penalty Any trading stamp company that violates any provision of this chapter shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, and the Superior Court shall have jurisdiction on the complaint of any interested person to restrain and…

§ 4041. Definitions As used in this chapter: (1) “Person” includes a natural person, a firm, an association, and a corporation, and any officer, employee, or agent thereof. (2) “Cardholder” means any person to whom a credit card is issued and any person who has agreed with the ca…

§ 4042. Liability for unauthorized use A provision imposing liability on a cardholder for the unauthorized use of a credit card shall be effective only if the card is an accepted credit card, the liability imposed is not in excess of $100.00, the cardholder has received notice of…

§ 4043. Fraudulent use A person shall not with intent to defraud, obtain, or attempt to obtain money, property, services, or any other thing of value, by the use of a credit card that he or she knows, or reasonably shall have known, to have been stolen, forged, revoked, cancelled…

§ 4044. Penalty (a) A person who violates section 4043 of this title shall be fined not more than $500.00 or be imprisoned not more than six months, or both, if the aggregate value of the money, property, services, or other things of value so obtained is $50.00 or less. (b) A per…

§ 4045. Illegal possession; seizure (a) A person in possession of a credit card issued to another with the intent to use the credit card without the consent of the cardholder shall be fined not more than $500.00 or imprisoned not more than six months, or both. (b) A law enforceme…

§ 4071. Definitions As used in this chapter: (1) “Current net price” means the price listed in the supplier’s price list or catalogue in effect at the time the dealer agreement is terminated, less any applicable discounts allowed. (2)(A) “Dealer” means a person primarily engaged …

§ 4072. Termination of dealer agreement (a) Requirements for notice. (1) A person shall provide a notice required in this section by certified mail or by personal delivery. (2) A notice shall be in writing and shall include: (A) a statement of intent to terminate the dealer agree…

§ 4073. Supplier’s duty to repurchase inventory (a) Whenever a dealer enters into a dealer agreement under which the dealer agrees to maintain an inventory, and the agreement is terminated by either party as provided in this chapter, the supplier, upon written request of the deal…

§ 4074. Repurchase terms (a)(1) Within 90 days from receipt of the written request of the dealer, a supplier under the duty to repurchase inventory pursuant to section 4073 of this title may examine any books or records of the dealer to verify the eligibility of any item for repu…

§ 4075. Exceptions to repurchase requirement The provisions of this chapter shall not require a supplier to repurchase from a dealer: (1) a repair part with a limited storage life or otherwise subject to physical or structural deterioration, including gaskets or batteries; (2) a …

§ 4076. Transfer of business (a) No supplier shall unreasonably withhold consent to the transfer of the interest of any dealer, officer, member, or partner to any other party or parties. However, no dealer, officer, member, or partner shall have the right to sell, transfer, or as…

§ 4077. Uniform commercial practice Nothing contained in this chapter may be construed to release or terminate a perfected security interest of the supplier in the inventory of the dealer. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2001, No. 86 (Adj. Sess…

§ 4077a. Prohibited acts (a)(1) A supplier shall not coerce or attempt to coerce a dealer to accept delivery of inventory that the dealer has not voluntarily ordered. (2) A supplier may require a dealer to accept delivery of inventory that is: (A) necessary to maintain inventory …

§ 4078. Warranty obligations (a) A supplier shall: (1) specify in writing a dealer’s reasonable obligation to perform warranty service on the supplier’s inventory; (2) provide the dealer a schedule of reasonable compensation for warranty service, including amounts for diagnostic …

§ 4079. Remedies (a) A person damaged as a result of a violation of this chapter may bring an action against the violator in a Vermont court of competent jurisdiction for damages, together with the actual costs of the action, including reasonable attorney’s fees, injunctive relie…

§ 4080. Waiver of chapter void The provisions of this chapter shall be deemed to be incorporated in every agreement and shall supersede and control all other provisions of the agreement. No supplier may require any dealer to waive compliance with any provision of this chapter. An…

§ 4081. Obligation of successors in interest The obligation of any supplier or dealer is applied to and made an obligation of any successor in interest or assignee of the supplier or dealer. A successor in interest includes any purchaser of the assets or stock, any surviving enti…

§ 4082. Forestry and industrial equipment (a) The General Assembly finds that geographic restrictions imposed on trade of certain forestry and industrial equipment within the State is not in the public interest. Restrictions on dealers of large and expensive pieces of industrial …

§ 4083. Title of chapter This chapter may be known and cited as the “Motor Vehicle Manufacturers, Distributors, and Dealers Franchising Practices Act.” (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)