Title 09, Title 09: Commerce and Trade

§ 4088. Product liability indemnification Notwithstanding the terms of any franchise agreement, it shall be a violation of this law for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement for damages,…

§ 4089. Termination; cancellation or nonrenewal (a) Notwithstanding the terms, provisions, or conditions of any franchise or notwithstanding the terms or provisions of any waiver, no manufacturer shall cancel, terminate, or fail to renew any franchise with a licensed new motor ve…

§ 4090. Notification of termination; cancellation and nonrenewal (a) Notwithstanding the terms, provisions, or conditions of any franchise prior to the termination, cancellation, or nonrenewal of any franchise, the manufacturer shall furnish notification of such termination, canc…

§ 4091. Payments (a) Within 90 days of the termination, nonrenewal, or cancellation of any franchise by the manufacturer, pursuant to section 4089 or subdivision 4090(a)(2)(B) of this title or to the termination, nonrenewal, or cancellation of a franchise by the franchisee, the n…

§ 4092. Dealership facilities assistance upon termination, cancellation, or nonrenewal (a) In the event of a termination, cancellation, or nonrenewal under this chapter; and (1) the new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufac…

§ 4093. Right of designated family member to succeed in ownership (a) Any owner of a new motor vehicle dealer may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest of the new motor vehicle dealer. (b) Unless there ex…

§ 4094. Refusal to honor succession to ownership; notice required (a) If a manufacturer or distributor believes that good cause exists for refusing to honor the succession to the ownership of a new motor vehicle dealer by a family member of a deceased or incapacitated owner of a …

§ 4095. Burden of proof In determining whether good cause for the refusal to honor the succession exists, the manufacturer, distributor, factory branch, or importer has the burden of proving that the successor is a person who is not of good moral character or does not meet the fr…

§ 4096. Unlawful acts by manufacturers or distributors It shall be a violation of this chapter for any manufacturer, as defined under this chapter, to require, attempt to require, coerce, or attempt to coerce any new motor vehicle dealer in this State: (1) To order or accept deli…

§ 4097. Manufacturer violations It shall be a violation of this chapter for any manufacturer defined under this chapter: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time, and in reasonable quantity relative…

§ 4098. Limitations on establishing or relocating dealers (a) In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor vehicle dealer or relocating an existing new motor vehicle dealer within or into a relevant market area where the sa…

§ 4099. Civil actions for violations Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, any consumer who is injured by a violation of this chapter, or any party to a franchise who is so injured in his or he…

§ 4100. Applicability The provisions of this chapter shall apply to the conduct of all persons affected by the presumptions of this chapter situated in this State. Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offeri…

§ 4100a. Agreements governed (a) All written agreements between a manufacturer or distributor and a new motor vehicle dealer shall be subject to the provisions of this chapter, and provisions of such agreements that are inconsistent with this chapter shall be void as against publ…

§ 4100b. Enforcement; Transportation Board (a) The Transportation Board established in 19 V.S.A. § 3 shall enforce the provisions of this chapter. (b) The Board shall adopt rules to implement the provisions of this chapter. (c) Except for civil actions filed in Superior Court pur…

§ 4100c. Financing; Vermont Transportation Board (a) On July 1, 2009, and every year thereafter, there is imposed an annual fee upon each new motor vehicle dealer of $60.00 for each dealer license held by that dealer, and there is imposed upon each manufacturer an annual fee of $…

§ 4100d. Statute of limitations (a) Actions arising out of any provision of this chapter shall be commenced within four years of the date the cause of action accrues; provided, however, that if a person conceals the cause of action from the knowledge of the person entitled to bri…

§ 4100e. Right of first refusal In the event of a proposed sale or transfer of all or substantially all ownership or transfer of all or substantially all dealership assets, and if the franchise agreement has a right of first refusal in favor of the manufacturer, distributor, or f…

§ 4100f. Severability If any provision in this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provisions and application…

§ 4101. Definitions As used in this chapter: (1) “Supplier” means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets. (2) “Dealer” means any person who is not a petroleum supplier engaged in the retail sale of gasoline to the moto…

§ 4102. Agreements regulated This chapter shall apply to agreements pertaining to the sale of gasoline and related products when: (1) more than 35 percent of the dealer’s gross sales are covered by such agreement; and (2) when such gross sales covered by such agreement are more t…

§ 4103. Supplier’s disclosure to dealer A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded: (1) the gallonage volume history, if any, of the location under negotiation for and during the three-year period im…

§ 4104. Supplier’s right to terminate agreement (a) A supplier who does not intend to extend or renew a lease or agreement with a dealer upon the expiration of the term of said lease or agreement, or a renewal thereof, shall give written notice of his or her intention to the deal…

§ 4105. Repurchase by supplier upon termination In the event of any termination, cancellation, or refusal to renew, whether by mutual agreement or otherwise, a supplier shall make or cause to be made an offer in good faith to repurchase from the dealer at then current wholesale p…

§ 4106. Dealer trade associations No supplier shall coerce or threaten any dealer for the purpose of preventing him or her from joining any trade association made up of dealers. An individual dealer shall have a right to select a representative to negotiate and deal with supplier…

§ 4107. Dealer’s action for damages; attorney’s fees (a) A dealer may bring an action for damages sustained as a result of: (1) failure to make such disclosures as are required in section 4103 of this title; (2) wrongful termination of or refusal to renew his or her agreement as …

§ 4108. Void agreement provisions Any of the following provisions in an agreement or lease, if one is included, whether oral or written, between a supplier and dealer, shall be void as against public policy, except as otherwise provided in this chapter: (1) Provisions requiring a…

§ 4109. Limitation of actions No action may be brought under this chapter for a cause of action that arose more than one year prior to the date such action is brought. (Added 1975, No. 83, § 1.)

§ 4110. Gasoline and diesel fuel prices All persons who shall offer for sale or sell any gasoline or diesel fuel at retail shall post the price of all grades of such gasoline or diesel fuel on the pump from which such fuels are dispensed. (Added 1975, No. 83, § 1.)

§ 4110a. Gasoline service to persons with a disability (a) Every full-service gasoline station offering self-service pumping at a lesser cost and every self-service gasoline station, when requested by a motor vehicle operator with a disability who has been issued a registration p…

§ 4111. Definitions As used in this chapter: (1) “Commissioner” means the Commissioner of Public Service or the Commissioner’s designee. (2) “Petroleum product” means propane, gasoline, unleaded gasoline, kerosene, number two heating oil, diesel fuel, kerosene base jet fuel, and …

§ 4112. Duty of Department of Public Service The Commissioner shall collect and keep on file any data required under this chapter from persons owning or leasing primary storage facilities. (Added 1979, No. 178 (Adj. Sess.), § 1, eff. June 4, 1980; amended 1983, No. 170 (Adj. Sess…

§ 4113. Inventory reporting; confidentiality (a) The Commissioner may adopt rules that require any person owning or leasing primary storage facilities within the State to report to the Commissioner data concerning storage, inventory, and product receipts. (b) Reports filed pursua…

§ 4114. Remedies; enforcements (a) If any person, in violation of the provisions of this chapter, knowingly fails to file a complete and accurate report with the Commissioner, the Commissioner may petition the Superior Court for injunctive relief. Petitions may be filed in the Su…

§ 4115. Liquid heating fuel; heating system change Any person who replaces or adapts a liquid fuel heating system so that the liquid fuel is no longer used shall block or otherwise disable the access for delivery of the unused liquid fuel. (Added 1997, No. 96 (Adj. Sess.), § 1, e…

§ 4121. Definitions As used in this chapter: (1) “Public corporation” means this State, a political subdivision of this State, a corporate instrumentality of this State and one or more states, or a bi-state compact. (2) “Private corporation” means a general and business or a gene…

§ 4122. Authority to establish foreign-trade zones All public and private corporations shall have the power to apply to the proper authorities of the U.S. government for a grant, and when such a grant is issued, to establish and operate foreign-trade zones under the provisions of…

§ 4125. Findings and purpose The General Assembly makes the following findings of fact: (1) Today’s international trade agreements have impacts that extend significantly beyond the bounds of traditional trade matters such as tariffs and quotas. Restrictive government procurement …

§ 4126. Definitions As used in this chapter: (1) “Commission” means the Commission on International Trade and State Sovereignty established in 3 V.S.A. § 23. (2) “International trade agreement” or “trade agreement” means a trade agreement between the federal government and a fore…

§ 4127. Approval of trade agreements (a) Options for binding the State. If the U.S. government provides the State of Vermont with the opportunity to consent to or reject binding the State to a trade agreement or to a provision within a trade agreement, then the Governor may bind …

§ 4131. Purpose and findings The Legislature hereby finds and declares: that adequate supplies of fuel are essential to the health, welfare, and safety of the people of the State of Vermont; that any severe disruption in fuel supplied for use within the State would cause grave ha…

§ 4132. Definitions As used in this chapter: (1) “Consumer” means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity that purchases liquid fossil fuels for ultimate consumption within Vermont…

§ 4133. Petroleum set-aside (a) The Commissioner shall adopt rules establishing a petroleum set-aside system for liquid fossil fuels. The fuel set-aside system established pursuant to this chapter shall not go into effect in whole or in part except where the federal government te…

§ 4134. Violation; penalties (a) Any person who violates any provision of this chapter or any rule or order issued pursuant to this chapter shall be subject to a fine of not more than $10,000.00 for each violation. (b) The penalty provided for in subsection (a) of this section sh…

§ 4151. Definitions As used in this chapter: (1) The term “customer” means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, or form or who causes or caused a molder to use a die, mold, or form to manufacture, assemble, or o…

§ 4152. Exclusions This chapter shall not apply where a molder retains title to and possession of a die, mold, or form, and nothing in this chapter shall be construed to grant a customer any rights, title, or interest in such a die, mold, or form. (Added 1981, No. 16, eff. April …