reglab/housing_qa huggingface dataset:
AL Code § 8-21C-5 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21C - Sale of Recreational Vehicles.|Section 8-21C-5 - Manufacturer and Dealer Agreement - Actions Upon Failure to Cure Deficiencies.

Section 8-21C-5Manufacturer and dealer agreement - Actions upon failure to cure deficiencies.  (a) If the manufacturer and dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without cause as defined in subsection (b) of Section 8-21C-4 or if the dealer terminates or cancels the manufacturer and dealer agreement for cause as defined in subsection (f) of Section 8-21C-4, and the manufacturer or distributor fails to cure the claimed deficiencies within the time provided in Section 8-21C-4, the manufacturer or distributor, at the election of the dealer and within 45 days after termination, cancellation, or nonrenewal, shall do all of the following: (1) Repurchase all new, untitled recreational vehicles that were acquired and delivered to the dealership from the manufacturer or distributor within 12 months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged at 100 percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer. In the event any of the vehicles repurchased pursuant to this subdivision are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost of repairing the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery does not disqualify repurchase under this subdivision. (2) Repurchase all undamaged accessories and proprietary parts sold to the dealer for resale within the 12 months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at 105 percent of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts. (3) Repurchase any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at 100 percent of the dealer's net cost plus freight, destination, delivery, and distribution charges and sales taxes, if any, if the items were purchased by the dealer within 5 years before termination, cancellation, or nonrenewal, upon the manufacturer's or distributor's request, and which the dealer meets the burden of establishing, and can no longer be used in the normal course of the dealer's ongoing business. (b) The manufacturer or distributor shall pay the dealer within 30 days after receipt of the repurchased items. (Act 2011-636, p. 1529, §5.)
AL Code § 8-21C-8 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21C - Sale of Recreational Vehicles.|Section 8-21C-8 - Indemnification.

Section 8-21C-8Indemnification.  Notwithstanding the terms of any manufacturer and dealer agreement: (1) A warrantor shall indemnify and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer shall provide to the warrantor a copy of any pending lawsuit or similar proceeding in which allegations are made that come within this subsection within 10 days after receiving such suit. (2) A dealer shall indemnify and hold harmless its warrantor against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the dealer. The warrantor shall provide to the dealer a copy of any pending lawsuit or similar proceeding in which allegations are made that come within this subsection within 10 days after receiving such suit. (Act 2011-636, p. 1529, §8.)
AL Code § 8-21C-9 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21C - Sale of Recreational Vehicles.|Section 8-21C-9 - Notification of Pre-Delivery Damage.

Section 8-21C-9Notification of pre-delivery damage.  (a) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the time frame specified in the manufacturer and dealer agreement and shall do either of the following: (1) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage. (2) Reject the vehicle within the time frame set forth in subsection (d). (b) If the manufacturer or distributor refuses or fails to authorize repair of the damage within 10 days after receipt of notification, or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the manufacturer or distributor. (c) The dealer shall exercise due care while having custody of the damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle. (d) The time frame for inspection and rejection by the dealer must be part of the manufacturer and dealer agreement and may not be less than two business days after the physical delivery of the recreational vehicle. (e) Any recreational vehicle that, at the time of delivery to the dealer, has an unreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor. In no instance shall a dealer deem an amount less than the distance between the dealer and the manufacturer's factory or a distributor's point of distribution, plus 100 miles, as unreasonable. (Act 2011-636, p. 1529, §9.)
AL Code § 8-21C-10 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21C - Sale of Recreational Vehicles.|Section 8-21C-10 - Coercion Prohibited.

Section 8-21C-10Coercion prohibited.  (a) A manufacturer or distributor may not coerce or attempt to coerce a dealer to do any of the following: (1) Purchase a product that the dealer did not order. (2) Enter into an agreement with the manufacturer or distributor. (3) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter. (b) As used in this section, the term coerce includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer and dealer agreement without good cause or threatening to withhold product lines the dealer is entitled to purchase pursuant to the manufacturer and dealer agreement or delay product delivery as an inducement to amending the manufacturer and dealer agreement. (Act 2011-636, p. 1529, §10.)
AL Code § 8-22-1 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-1 - Short Title.

Section 8-22-1Short title. This act shall be known and may be cited as the "Motor Fuel Marketing Act." (Acts 1984, No. 84-260, p. 433, §1.)
AL Code § 8-22-2 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-2 - Legislative Findings.

Section 8-22-2Legislative findings. The Legislature makes the following findings with respect to the marketing of motor fuel in Alabama: (1) Marketing of motor fuel is affected with the public interest. (2) Unfair competition in the marketing of motor fuel occurs whenever costs associated with the marketing of motor fuel are recovered from other operations, allowing the refined motor fuel to be sold at subsidized prices. Such subsidies most commonly occur in one of three ways: when refiners use profits from refining of crude oil to cover below normal or negative returns earned from motor fuel marketing operations; and where a marketer with more than one location uses profits from one location to cover losses from below-cost selling of motor fuel at another location. (3) Independent motor fuel marketers (i.e., dealers, distributors, jobbers, and wholesalers) are unable to survive predatory subsidized pricing at the marketing level by persons when all of an independent's income comes from marketing operations. (4) Subsidized pricing is inherently predatory and is reducing competition in the petroleum industry, and if it continues unabated, will ultimately threaten the consuming public. (Acts 1984, No. 84-260, p. 433, §2; Act 2015-225, §1.)
AL Code § 8-22-3 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-3 - Legislative Declaration and Intent.

Section 8-22-3Legislative declaration and intent. It is hereby declared that marketing of motor fuel in Alabama is affected with the public interest. It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against creation of monopolies or unfair methods of competition, in transactions involving the sale of, or offer to sell, or inducement to sell motor fuel in the wholesale and retail trades in this state. It is further declared that the advertising, offering for sale, or sale of motor fuel below cost or at a cost lower than charged other persons on the same marketing level with the intent of injuring competitors or destroying or substantially lessening competition is an unfair and deceptive trade practice. The policy of the state is to promote the general welfare through the prohibition of such sales. The purpose of the Motor Fuel Marketing Act is to carry out that policy in the public interest, providing for exceptions under stated circumstances, providing for enforcement and providing penalties. (Acts 1984, No. 84-260, p. 433, §3.)
AL Code § 8-22-5 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-5 - Oil Transfer Price Disclosure Required.

Section 8-22-5Oil transfer price disclosure required. All persons engaged in commerce in this state are required to disclose, upon request, their transfer prices on each grade of motor fuel transferred or sold to itself or an affiliate for resale at another marketing level of distribution. Such disclosure shall only be made to those persons affected by such transfer prices or in any legal proceedings arising from this chapter. (Acts 1984, No. 84-260, p. 433, §5.)
AL Code § 8-22-6 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-6 - Certain Below Cost Fuel Sales Prohibited.

Section 8-22-6Certain below cost fuel sales prohibited. It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons on the same day and on the same level of distribution, within the same market area, where the effect is to injure competition. (Acts 1984, No. 84-260, p. 433, §6.)
AL Code § 8-22-7 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-7 - Certain Below Cost Fuel Transfers Prohibited.

Section 8-22-7Certain below cost fuel transfers prohibited. It shall be unlawful for any person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale at another marketing level of distribution at a transfer price that is below cost or lower than the price it charges a person who purchases for resale on the same day and at the same distribution level, within the same market area, where the effect is to injure competition. (Acts 1984, No. 84-260, p. 433, §7.)
AL Code § 8-22-8 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-8 - Certain Sales and Transfer Price Differentials Authorized.

Section 8-22-8Certain sales and transfer price differentials authorized. (a) It is not a violation of this chapter if a difference exists between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale at the same level of distribution, including any discounts, rebates, allowances, services, facilities granted any of a supplier's own marketing operations in excess of those provided to a person who purchases for resale at the same level of distribution, if the lower price is due to a cost differential incurred because of a difference in shipping method, transportation, marketing, sale or quantity, in which such motor fuel is sold. (b) It is not a violation of this chapter if any price is established in good faith to meet an equally low price of a competitor in the same market area on the same level of distribution selling the same or a similar product of like grade and quality or is exempt under Section 8-22-13. (c) It is not a violation of this chapter for a retailer to offer to sell, or sell, motor fuel in a combined sale with other goods when the retailer's combined selling price is not below the cost to the retailer of all motor fuel and other goods included in the transactions. A combined sale permitted by this chapter includes both contemporaneous sales and also sales or series of sales that are not contemporaneous, including where the purchaser receives accrued discounts or credits on motor fuel as a result of the purchaser's earlier purchases of other goods from the retailer. (Acts 1984, No. 84-260, p. 433, §8; Act 2015-225, §1.)
AL Code § 8-22-9 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-9 - Unlawful Acts Generally.

Section 8-22-9Unlawful acts generally. It shall be unlawful under this section: (1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition. (2) For any person, where the effect is to injure competition, to offer a rebate, to offer to give a rebate, to offer a concession of any kind in connection with the sale of motor fuel. (3) For any retailer to induce or attempt to induce or to procure or attempt to procure the purchase of motor fuel at a price less than cost to wholesaler. Any person who violates any provision of this section shall be subject to the provisions and penalties of this chapter. (Acts 1984, No. 84-260, p. 433, §9.)
AL Code § 8-22-10 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-10 - Below Cost Combined Selling Price of Motor Fuel and Promotional Gifts, etc., Prohibited.

Section 8-22-10Below cost combined selling price of motor fuel and promotional gifts, etc., prohibited. In all advertisements, offers for sale or sales involving two or more items, at least one of which items is motor fuel, at a combined price, and in all advertisements, offers of sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherwise), the wholesaler's or retailer's combined selling price shall not be below the cost to the wholesaler or the cost to the retailer, respectively, of the total of all motor fuel and other goods. (Acts 1984, No. 84-260, p. 433, §10; Act 2015-225, §1.)
AL Code § 8-22-11 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-11 - Sales Between Wholesalers.

Section 8-22-11Sales between wholesalers. When one wholesaler sells motor fuel to any other wholesaler, the former shall not be required to include in his selling price to the latter "cost to the wholesaler" as provided by Section 8-22-4, but the latter wholesaler, upon resale to a retailer, shall be subject to the provisions of said section. (Acts 1984, No. 84-260, p. 433, §11.)
AL Code § 8-22-12 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-12 - Applicability of Chapter Generally.

Section 8-22-12Applicability of chapter generally. (a) The provisions of the Motor Fuel Marketing Act shall not apply to a sale at wholesale or a sale at retail made (1) In an isolated transaction and not in the usual course of business; (2) Where motor fuels are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such motor fuel, and said advertising, offer to sell, or sale shall state the reason thereafter and the quantity of such motor fuel advertised, offered for sale, or to be sold; (3) Where motor fuel is advertised, offered for sale, or sold as imperfect or damaged, and said advertising, offer of sale or sale shall state the reason therefor and the quantity of such motor fuel advertised, offered for sale, or to be sold; (4) Where motor fuel is sold upon the final liquidation of a business; or (5) Where motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court. (b) The notice required to be given under this section shall not be sufficient unless the subject of such sales is kept separate from other stocks and clearly and legibly marked with the reason for such sales, and any advertisement of such goods must indicate the same facts and the quantity to be sold. (Acts 1984, No. 84-260, p. 433, §12.)
AL Code § 8-22-13 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-13 - Competitive Sales, Etc.

Section 8-22-13Competitive sales, etc. (a) Any wholesaler may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is rendering the same type service and is selling the same article at cost to the said competing wholesaler as defined in this chapter. Any retailer may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the said competing retailer as defined in this chapter. The price of motor fuel advertised, offered for sale, or sold under the exceptions specified in Section 8-22-12 shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section. (b) In the absence of proof of the actual cost to the said competing wholesaler or the said competing retailer, as the case may be, such cost may be presumed to be the lowest cost to wholesalers or the lowest cost to retailers, as the case may be, within the same market area as determined by a cost survey made pursuant to subsection (b) of Section 8-22-15. (Acts 1984, No. 84-260, p. 433, §13.)
AL Code § 8-22-14 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-14 - Contracts Violative of Chapter Rendered Void and Unenforceable.

Section 8-22-14Contracts violative of chapter rendered void and unenforceable. Any contract, express or implied, made by any person in violation of any of the provisions of this chapter, is illegal and void and no recovery shall be had thereon. (Acts 1984, No. 84-260, p. 433, §14.)
AL Code § 8-22-15 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-15 - Determination of Cost to Wholesaler, Etc.

Section 8-22-15Determination of cost to wholesaler, etc. (a) In determining cost to the wholesaler and cost to the retailer, the court of jurisdiction shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under this chapter purchased the motor fuel involved in the complaint, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true costs, discounts or terms of purchase, and shall also receive and consider as bearing on the bona fides of such costs, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the market area. (b) Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for a market area in which a violation of this chapter is committed or charged, to determine and establish on the basis of actual existing conditions the lowest cost to wholesalers or the lowest cost to retailers within the said area, the said cost survey shall be deemed competent evidence in any action or proceeding under this chapter as tending to prove actual cost to the wholesaler or actual cost to the retailer complained against, but any party against whom any such cost survey may be introduced in evidence shall have the right to offer evidence tending to prove any inaccuracy of such cost survey or any state of facts which would impair its probative value. (Acts 1984, No. 84-260, p. 433, §15.)
AL Code § 8-22-17 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 22 - Motor Fuel Marketing.|Section 8-22-17 - Equity Action by Person Injured From Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction.

Section 8-22-17Equity action by person injured from violation of chapter authorized; injunctive relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit, including reasonable attorney's fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and cost of suit, including reasonable attorney's fees, shall be entitled to recover from the defendant the damages sustained by him. (b) A person injured as a result of an act or practice which violates this chapter may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and for actual damages. Any actual damages found to have resulted from violations of this chapter shall be trebled by the court in making its award. Any action under this subsection shall be brought within two years after the alleged violations occurred. (c) The court, in making an award under subsection (b) of this section, may award court costs and reasonable attorney's fees to the prevailing party. (d) The courts of this state are empowered with jurisdiction to hear and determine all cases brought under this section. Venue lies in any county where the defendant or any of them resides or does business or where the cause of action accrues. (Acts 1984, No. 84-260, p. 433, §17.)