§ 63-4037. Dealer agreements - Restrictions.  


Latest version.
  • A.  The following are the subjects that shall be covered by a dealer agreement:

    1.  Length of term of dealer agreement;

    2.  Performance and marketing standards;

    3.  Notice provisions relative to termination, cancellation, or nonrenewal of a dealer agreement;

    4.  The parties' respective obligations relative to preparation and delivery of the product and warranty service;

    5.  The parties' respective obligations upon termination, cancellation, or nonrenewal of the dealer agreement relative to the disposal of inventory and equipment, furnishings, special tools, and signs required by the manufacturer or distributor and acquired within the two (2) years last preceding such termination, cancellation, or nonrenewal; and

    6.  Process and procedure for the resolution of disputes between the parties.

    B.  1.  No manufacturer shall enter into a dealer agreement with a dealer for the same product line regardless of brand name within a fifteen (15) mile radius of an existing dealer of the same product line regardless of brand name, provided any dealer agreements in existence on June 3, 1989, may be extended or re-issued.

    2.  The provisions of this subsection shall not apply to dealer agreements relating to inboard and inboard/outboard motors or to dealer agreements relating to canoes.

Added by Laws 1989, c. 346, § 37, emerg. eff. June 3, 1989.  Amended by Laws 1990, c. 304, § 9, emerg. eff. May 30, 1990; Laws 1993, c. 321, § 2, emerg. eff. June 7, 1993.