reglab/housing_qa huggingface dataset:
9 V.S.A. § 4075
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4075. Exceptions to repurchase requirement

§ 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 single repair part normally priced and sold in a set of two or more items; (3) a repair part that, because of its condition, cannot be marketed as a new part without repackaging or reconditioning by the supplier or manufacturer; (4) any inventory that the dealer elects to retain; (5) any inventory ordered by the dealer after receipt of notice of termination of the dealer agreement by either the dealer or supplier; (6) any inventory that was acquired by the dealer from a source other than the supplier, unless the source was approved by the supplier; (7) a specialized repair tool that is not unique to the supplier's product line, or that is over 10 years old, incomplete, or in unusable condition; (8) a part identified by the supplier as nonreturnable at the time of the dealer's order; or (9) supplies that are not unique to the supplier's product line, or that are over three years old, incomplete, or in unusable condition. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2015, No. 142 (Adj. Sess.), § 2.)
9 V.S.A. § 4076
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4076. Transfer of business

§ 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 assign the equipment dealership or power of management or control of the dealership without the written consent of the supplier. Should a supplier determine that the designated transferee does not meet its reasonable business ability, business experience, character standards, and capitalization requirements, the supplier shall provide the dealer with written notice of the supplier's objection and specific reasons for withholding consent. A supplier shall have 90 days to consider a dealer's written request to make such a transfer.(b) No supplier shall unreasonably withhold consent to the transfer of the dealer's interest in the dealership to a member or members of the family of the dealer or the principal owner of the dealership, if the family member meets the reasonable business ability, business experience, and character standards of the supplier, and if the transferee can demonstrate that the dealership will be adequately capitalized. Should a supplier determine that the designated family member does not meet those requirements, the supplier shall provide the dealer with written notice of the supplier's objection and specific reasons for withholding its consent. A supplier shall have 90 days to consider a dealer's written request to make a transfer to a family member. As used in this subsection, "family" means and includes the spouse, parent, siblings, children, stepchildren, and lineal descendants, including those by adoption of the dealer or principal owner of the dealer.(c) Notwithstanding subsection (b) of this section, in the event that a supplier and dealer have duly executed an agreement concerning succession rights prior to the equipment dealer's death, and if the agreement has not been revoked or otherwise terminated by either party, the agreement shall be observed.(d) In any dispute arising under this section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994.)
9 V.S.A. § 4077
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4077. Uniform commercial practice

§ 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.), § 1, eff. May 2, 2002.)
9 V.S.A. § 4077a
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4077a. Prohibited acts

§ 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 in a quantity, and of the model range, generally sold in the dealer's geographic area of responsibility; or (B) safety-related and pertinent to inventory generally sold in the dealer's geographic area of responsibility.    (b) A supplier shall not condition the sale of inventory on a requirement that the dealer also purchase any other goods or services, provided that a supplier may require a dealer to purchase parts reasonably necessary to maintain inventory used in the dealer's geographic area of responsibility.(c)(1) A supplier shall not prevent, coerce, or attempt to coerce a dealer from investing in, or entering into an agreement for the sale of, a competing product line or make of inventory.  (2) A supplier shall not require, coerce, or attempt to coerce a dealer to provide a separate facility or personnel for a competing product line or make of inventory. (3) Subdivisions (1)-(2) of this subsection do not apply unless a dealer:  (A) maintains a reasonable line of credit for each product line or make of inventory; (B) maintains the principal management of the dealer; and (C) remains in substantial compliance with the supplier's reasonable facility requirements, which shall not include a requirement to provide a separate facility or personnel for a competing product line or make of inventory.    (d) A supplier shall not discriminate in the prices it charges for inventory of like grade and quality it sells to similarly situated dealers, provided that a supplier may use differentials that allow for a difference in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which the supplier sells or delivers the inventory.(e) A supplier shall not change the geographic area of responsibility specified in a dealer agreement without good cause, which for purposes of this subsection includes the dealer's market penetration within the assigned geographic area of responsibility and changes in the inventory warranty registration pattern in the area surrounding the dealer's geographic area of responsibility. (Added 2001, No. 86 (Adj. Sess.), § 2, eff. May 2, 2002; amended 2015, No. 142 (Adj. Sess.), § 2.)
9 V.S.A. § 4078
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4078. Warranty obligations

§ 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 work, parts, labor, and the time allowance for the performance of warranty service; and (3) compensate the dealer pursuant to the schedule of compensation for the warranty service the supplier requires it to perform.   (b) Time allowances for the diagnosis and performance of warranty service shall be reasonable and adequate for the service to be performed by a dealer that is equipped to complete the requirements of the warranty service.(c) The hourly rate paid to a dealer shall not be less than the rate the dealer charges to customers for nonwarranty service.(d) A supplier shall compensate a dealer for parts used to fulfill warranty and recall obligations at a rate not less than the price the dealer actually paid the supplier for the parts plus 20 percent, plus freight and handling if charged by the supplier.(e) The wholesale price on which a dealer's markup reimbursement is based for any parts used in a recall or campaign shall not be less than the highest wholesale price listed in the supplier's wholesale price catalogue within six months prior to the start of the recall or campaign.(f)(1) Whenever a supplier and a dealer enter into an agreement providing consumer warranties, the supplier shall pay any warranty claim made for warranty parts and service within 30 days after its receipt and approval.  (2) The supplier shall approve or disapprove a warranty claim within 30 days after its receipt. (3) If a claim is not specifically disapproved in writing within 30 days after its receipt, it shall be deemed to be approved and payment shall be made by the supplier within 30 days after its receipt.   (g) A supplier violates this section if it:  (1) fails to perform its warranty obligations; (2) fails to include in written notices of factory recalls to machinery owners and dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects; or (3) fails to compensate a dealer for repairs required by a recall.   (h) A supplier shall not:  (1) impose an unreasonable requirement in the process a dealer must follow to file a warranty claim; or (2) impose a surcharge or fee to recover the additional costs the supplier incurs from complying with the provisions of this section. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2015, No. 142 (Adj. Sess.), § 2.)
9 V.S.A. § 4079
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4079. Remedies

§ 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 relief against unlawful termination or substantial change of competitive circumstances, and such other relief as the court deems appropriate.(b) A provision in a dealer agreement that purports to deny access to the procedures, forums, or remedies provided by the laws of this State is void and unenforceable.(c) Notwithstanding subsection (b) of this section, a dealer agreement may include a provision for binding arbitration of disputes. Any arbitration shall be consistent with the provisions of this chapter and 12 V.S.A. chapter 192, and the place of any arbitration shall be in the county in which the dealer's principal place of business is maintained in this State. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2001, No. 86 (Adj. Sess.), § 3, eff. May 2, 2002; 2015, No. 142 (Adj. Sess.), § 2.)
9 V.S.A. § 4080
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4080. Waiver of chapter void

§ 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. Any contract or agreement purporting to do so is void and unenforceable to the extent of the waiver or variance. Nothing in this chapter may be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994.)
9 V.S.A. § 4081
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4081. Obligation of successors in interest

§ 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 entity resulting from merger or liquidation, any receiver, or any trustee of the original supplier or dealer. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994.)
9 V.S.A. § 4082
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4082. Forestry and industrial equipment

§ 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 and forestry equipment to smaller geographical areas within the State unreasonably restrains trade, precludes any meaningful competition among a small number of dealers, and denies to Vermonters purchasing such equipment the benefits of free and open competition. The General Assembly therefore enacts this law to promote the public welfare by providing for free and open trade of large forestry and industrial equipment within the State.(b) As used in this section, "forestry or industrial equipment" means heavy vehicular equipment and associated implements designed and intended for forestry or industrial purposes, and shall include all mechanical parts for such equipment.(c) A supplier of forestry or industrial equipment shall not limit the geographic area in which a dealer may sell or deliver inventory. A supplier shall not charge a fee or fine or otherwise penalize a dealer either directly or indirectly for selling, or having sold, inventory to a consumer located outside of the dealer's trade area or primary area of responsibility if the selling dealer agrees in writing to the purchaser that the dealer will provide service during the standard factory warranty period, or otherwise to discriminate in shipping products or filling orders placed by dealers of goods on the basis of the location of the consumer, however these terms might be defined in a dealership agreement. The provisions of this section shall be deemed to be incorporated in every agreement and shall supersede and control all other provisions of the agreement. Any term of a contract or agreement either expressed or implied, including a choice of law provision, that is inconsistent with the provisions of this section or purporting to waive compliance with this section is void and unenforceable to the extent of the waiver or variance.(d) This section shall apply to all agreements and contracts in effect on June 1, 1997 related to forestry or industrial equipment between suppliers and dealers, and to all amendments, renewals, or extensions of such agreements, and to all such agreements entered into thereafter.(e) [Repealed.]  (Added 1997, No. 59, § 89d, eff. June 30, 1997; amended 1997, No. 144 (Adj. Sess.), § 30, eff. April 27, 1998; 2001, No. 86 (Adj. Sess.), § 4, eff. May 2, 2002.)
9 V.S.A. § 4083
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4083. Title of chapter

§ 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.)
9 V.S.A. § 4084
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4084. Legislative findings

§ 4084. Legislative findings|(a) The Legislature finds and declares that the distribution and sale of vehicles within this State vitally affects the general economy of the State and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate vehicle manufacturers, distributors, or wholesalers and factory or distributor representatives, and to regulate franchises issued by the aforementioned who are doing business in this State in order to prevent frauds, impositions, and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this State.(b) The Legislature further finds that there continues to exist an inequality of bargaining power between motor vehicle franchisors and motor vehicle franchisees. This inequality of bargaining power enables motor vehicle franchisors to compel motor vehicle franchisees to execute franchises and related agreements that contain terms and conditions that would not routinely be agreed to by the motor vehicle franchisees if this inequality did not exist. Furthermore, as the result of the inequality of bargaining power, motor vehicle franchisees have not had the opportunity to have disputes with their motor vehicle franchisors arising out of the franchisor-franchisee relationship heard in an appropriate venue, convenient to both parties, by tribunals established by statute for the resolution of these disputes. It therefore is in the public interest to enact legislation to prevent unfair or arbitrary treatment of motor vehicle franchisees by motor vehicle franchisors. It is the Legislature's intent to have this chapter liberally construed in order to achieve its purpose. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4087
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4087. Transportation damages

§ 4087. Transportation damages|(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles before delivery to a carrier or transporter.(b) If a new motor vehicle dealer determines the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier.(c) In every other instance, the risk of loss remains with the manufacturer until such time as the new motor vehicle dealer or his or her designee accepts the vehicle from the carrier.(d)(1) On any new motor vehicle, a manufacturer or distributor shall disclose in writing to a dealer and a dealer shall disclose in writing to the ultimate purchaser any uncorrected damage or any corrected damage to the vehicle, as measured by retail repair costs, if the corrected damage exceeds the following percentage of the manufacturer's suggested retail price, as defined in 15 U.S.C. §§ 1231-1233:   (A) five percent up to the first $10,000.00; and (B) two percent on any amount over $10,000.00.  (2) Damage to glass, tires, wheels, and bumpers shall be excluded from the calculation required in this subsection when replaced by identical manufacturer's original equipment. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 1989, No. 31; 1989, No. 147 (Adj. Sess.), § 1, eff. April 23, 1990; 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4088
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4088. Product liability indemnification

§ 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, after reasonable notice of the proposed settlement to the manufacturer, including court costs and reasonable attorney's fees of the new motor vehicle dealer, arising out of complaints, claims, or lawsuits including strict liability, negligence, misrepresentation, warranty (express or implied), or rescission of the sale as is defined in 9A V.S.A. § 2- 608 of the Uniform Commercial Code, to the extent that the judgment or settlement relates to the alleged defective or negligent manufacture, assembly, or design of new motor vehicles, parts, or accessories or other functions by the manufacturer, beyond the control of the dealer. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982.)
9 V.S.A. § 4092
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4092. Dealership facilities assistance upon termination, cancellation, or nonrenewal

§ 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 manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the rent for the unexpired term of the lease or one year's rent, whichever is less; (2) if the new motor vehicle dealer owns the dealership facilities, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of the dealership facilities for one year.   (b) If the termination, cancellation, or nonrenewal is pursuant to subdivision 4090(a)(2)(B) of this title, then, with respect to such facilities as were required as a condition of the franchise and used to conduct sales and service operations related to the franchise product, the manufacturer or distributor shall, in addition to the relief described in subsection (a) of this section:  (1) assume the obligations for any lease of the dealership facilities for the unexpired term of the lease or three years' rent, whichever is less; (2) arrange for a new lease of any dealership facilities; or (3) negotiate a lease termination for the dealership facilities at the manufacturer's expense.   (c) If, in an action for damages under this section, the manufacturer or distributor fails to prove either that the manufacturer or distributor has acted in good faith or that there was good cause for the franchise termination, cancellation, or nonrenewal, then the court, agency, or commission shall order, in addition to any other damages under this section, that the manufacturer or distributor pay the new motor vehicle dealer an amount equal to the value of the dealership as an ongoing business location. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009; 2021, No. 20, § 39.)
9 V.S.A. § 4093
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4093. Right of designated family member to succeed in ownership

§ 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 exists good cause for refusal to honor succession on the part of the manufacturer or distributor, any designated family member of a deceased or incapacitated owner of a new motor vehicle dealer may succeed to the ownership of the new motor vehicle dealer under the existing franchise, provided that:  (1) the designated family member gives the manufacturer or distributor written notice of his or her intention to succeed to the ownership of the new motor vehicle dealer within 120 days of the owner's death or incapacity; and (2) the designated family member agrees to be bound by all the terms and conditions of the franchise.   (c) The manufacturer or distributor may request, and the designated family member shall provide promptly upon said request, personal and financial data that are reasonably necessary to determine whether the succession should be honored. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)