Title 09, Commerce and Trade

§ 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 …

§ 4129. Vermont-Ireland Trade Commission [Repealed effective June 30, 2030] (a) The Vermont-Ireland Trade Commission is established within the State Treasurer’s office to advance bilateral trade and investment between Vermont and Ireland. The Commission shall consist of nine memb…

§ 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 …

§ 4153. Ownership rights (a) Unless otherwise agreed in writing, if a customer does not take possession from a molder of a die, mold, or form situated in this State within three years following the last prior use thereof, all of the customer’s rights, title, and interest to such …

§ 4155. Manufacturer’s mold lien (a) Molders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing, engineering, or fabrication work, and in the …

§ 4170. Legislative intent The Legislature finds and declares that manufacturers, distributors, and importers of new motor vehicles should be obligated to provide speedy and less costly resolution of automobile warranty problems. Manufacturers should be required to provide in as …

§ 4171. Definitions As used in this chapter: (1) “Board” means, unless otherwise indicated, the Vermont Motor Vehicle Arbitration Board. (2) “Consumer” means the purchaser, other than for purposes of resale, of a new motor vehicle or lessee of a new motor vehicle, other than for …

§ 4172. Enforcement of warranties (a) Every new motor vehicle as defined in section 4171 of this title sold in this State must conform to all applicable warranties. (b) It shall be the manufacturer’s obligation under this chapter to ensure that all new motor vehicles sold, leased…

§ 4173. Procedure to obtain refund or replacement; waiver of rights void (a)(1) After reasonable attempt at repair or correction of the nonconformity, defect, or condition, or after the vehicle is out of service by reason of repair of one or more nonconformities, defects, or cond…

§ 4174. Vermont Motor Vehicle Arbitration Board (a) There is created a Vermont Motor Vehicle Arbitration Board consisting of five members and three alternate members to be appointed by the Governor for terms of three years. Board members may be appointed for two additional three-…

§ 4175. Fees and costs There shall be no filing fee or costs assessed against the consumer for using the Vermont Motor Vehicle Arbitration Board or the manufacturer’s dispute settlement mechanism. In the event an authorized franchise dealer or any of its employees, including tech…

§ 4176. Appeal from Board (a)(1) The decision of the Board shall be final unless a motion for reconsideration is filed within 30 days of the consumer’s receipt of decision accompanied by new evidence. The Board shall allow the opposing party to respond and may reconvene the heari…

§ 4177. Unfair and deceptive acts and practices Failure of the manufacturer, its agents, authorized dealers, or motor vehicle lessors to comply with a decision of the Board shall constitute an unfair or deceptive act or practice under chapter 63 of this title. (Added 1983, No. 21…

§ 4178. Limitations Nothing in this chapter shall be construed as imposing any liability on a manufacturer’s authorized dealers or creating a cause of action by a manufacturer against its authorized agents or dealers. It shall be a violation of chapter 108 of this title for a man…

§ 4179. Effective date; limitations (a) This chapter shall apply to motor vehicles beginning with the model year following July 1, 1984. Any proceedings initiated under this chapter shall be commenced within one year following the expiration of the express warranty term. (b) Noth…

§ 4180. Notification to consumers The manufacturer of every motor vehicle sold in this State beginning with the model year following July 1, 1984 shall provide a clear and conspicuous written notice of the consumer’s rights under this chapter and at the time of the delivery of ev…

§ 4181. Notice of return, title branding required; sale of defective motor vehicles prohibited; defense (a) Any manufacturer or its agent or any dealer registered in this State who attempts to resell a motor vehicle after a final determination, adjudication, or settlement resulti…

§ 4190. Interfering with Internet ticket sales (a) A person shall not intentionally use a computer program or other software intended to interfere with or circumvent, on a ticket seller’s website, an equitable ticket buying process established by the seller for tickets of admissi…

§ 4191. Removal of booking photographs from the Internet; fees prohibited (a) As used in this section, “booking photograph” means any photograph taken by a law enforcement office or other authorized person pursuant to 20 V.S.A. chapter 117. (b) A person who posts or otherwise dis…

§ 4195. Legislative findings and statement of purpose (a) The General Assembly finds that: (1) Vermont is striving to build an entrepreneurial and knowledge-based economy. Attracting and nurturing small- and medium-size Internet technology (“IT”) and other knowledge-based compani…

§ 4196. Definitions In this chapter: (1) “Demand letter” means a letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement. (2) “Target” means a Vermont person: (A) who has received a demand letter or against whom an assertion…

§ 4197. Bad faith assertions of patent infringement (a) A person shall not make a bad faith assertion of patent infringement. (b) A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement: (1) The demand letter does…

§ 4198. Bond Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount e…

§ 4199. Enforcement; remedies; damages (a) The Attorney General shall have the same authority under this chapter to make rules, conduct civil investigations, bring civil actions, and enter into assurances of discontinuance as provided under chapter 63 of this title. In an action …

§ 4301. Definitions The term “equity security” when used in this chapter means any stock or similar security; or any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; or any suc…

§ 4302. Officers and stockholders; disclosure Every person who is directly or indirectly the beneficial owner of more than ten percent of any class of any equity security of a domestic stock insurance company, or who is a director or an officer thereof, shall file in the office o…

§ 4303. Penalty To prevent the unfair use of information that may have been obtained by the beneficial owner, director, or officer by reason of his or her relationship to the company, any profit realized by him or her from any purchase and sale, or any sale and purchase, of any e…