reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-6 - Predelivery Obligations.

Section 8-20-6
Predelivery obligations.
Every manufacturer or wholesaler or distributor, factory branch, factory representative, distributor branch or distributor representative shall specify to the motor vehicle dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation to be paid to its motor vehicle dealers for the work and services they shall be required to perform in connection with such delivery and preparation obligations shall be presented to the dealer and the obligations specified therein shall constitute any such dealer's only predelivery obligations as between such dealer and such manufacturer or wholesaler or distributor. The compensation as set forth on said schedule shall be reasonable.
(Acts 1981, No. 81-390, p. 596, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-8 - Warranty Obligations of Manufacturers and Dealers to Consumers.

Section 8-20-8
Warranty obligations of manufacturers and dealers to consumers.
Every manufacturer and new motor vehicle dealer shall fulfill the terms of any express or implied warranty concerning the sale of a new motor vehicle to the public of the line make which is the subject of a contract or franchise agreement between the parties. If it is determined by a court of competent jurisdiction that either the manufacturer or new motor vehicle dealer, or both, have violated an express or implied warranty, the court shall add to any award or relief granted an additional award for reasonable attorney's fees.
(Acts 1981, No. 81-390, p. 596, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-9 - Transportation Damages.

Section 8-20-9
Transportation damages.
(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to new motor vehicles occurring after acceptance of the new motor vehicle from the carrier and before delivery to the ultimate purchaser.
(b) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles occurring before delivery to a carrier or transporter. 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. In every other instance, the risk of loss remains with the manufacturer until such time as the new motor vehicle dealer or his designee accepts the vehicle from the carrier.
(c) With respect to new or used vehicles sold or otherwise transferred by the manufacturer to a new motor vehicle dealer, the manufacturer shall notify in writing the new motor vehicle dealer of all damage and repairs made to such vehicle which is known to the manufacturer.
(Acts 1981, No. 81-390, p. 596, §9; Acts 1991, No. 91-212, p. 398, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-10 - Dealer's Right of Free Association With Other Dealers.

Section 8-20-10
Dealer's right of free association with other dealers.
Every motor vehicle dealer shall have the right of free association with other motor vehicle dealers for any lawful purpose.
(Acts 1981, No. 81-390, p. 596, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-11 - Remedies.

Section 8-20-11
Remedies.
Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, and notwithstanding any other legal remedies available, any person who is injured in his business or property by a violation of this chapter by the commission of any unfair and deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations, to recover the damages sustained by him together with the costs of the suit, including a reasonable attorney's fee.
(Acts 1981, No. 81-390, p. 596, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-12 - Time Limitation on Bringing of Civil Actions; Time of Accrual of Cause of Action.

Section 8-20-12
Time limitation on bringing of civil actions; time of accrual of cause of action.
Except as otherwise provided in paragraph l. of subdivision (3) of Section 8-20-4, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of the provisions of this chapter.
(Acts 1981, No. 81-390, p. 596, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-13 - Procedure, Protection, and Remedies Available to Motor Vehicle Distributors.

Section 8-20-13
Procedure, protection, and remedies available to motor vehicle distributors.
All procedures, protections, and remedies afforded to a motor vehicle dealer under Sections 8-20-1 through 8-20-12 of this chapter shall be available to a motor vehicle distributor whose distributor agreement is terminated, canceled, not renewed, modified or replaced by a manufacturer or an importer.
(Acts 1991, No. 91-567, p. 1048, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-14 - Applicability of Chapter.

Section 8-20-14
Applicability of chapter.
This chapter shall apply to all franchise or dealer agreements in force and effect on March 9, 2010, and to all franchise or dealer agreements, amendments, and renewals to dealer agreements made after March 9, 2010. The Motor Vehicle Franchise Act and Act 2010-198, shall supersede and control all provisions of any franchise or dealer agreement inconsistent with Act 2010-198 or the Motor Vehicle Franchise Act. Act 2010-198 and the Motor Vehicle Franchise Act shall not be modified or superseded by a choice of law clause in any franchise or dealer agreement, waiver, or other written instrument. These provisions shall apply to all written agreements between a manufacturer and dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or deeds of trust of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and other agreements between a dealer and a manufacturer.
(Act 2010-198, p. 300, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-1 - Definitions.

Section 8-20A-1
Definitions.
As used in this chapter, the following terms shall have the respective meanings as indicated:
(1) CONSUMER. The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
(2) MOTOR VEHICLE. Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more.
(3) MANUFACTURER. The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.
(4) MOTOR VEHICLE DEALER or AUTHORIZED DEALER. The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.
(5) EXPRESS WARRANTY. A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.
(6) NONCONFORMING CONDITION. Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.
(7) NOTICE OF A NONCONFORMING CONDITION. A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.
(8) LEMON LAW RIGHTS PERIOD. The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.
(Acts 1990, No. 90-479, p. 701, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-3 - Cause of Action Against Manufacturer.

Section 8-20A-3
Cause of action against manufacturer.
(a) A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.
(b) It shall be an affirmative defense to any claim against the manufacturer under this chapter that: (i) an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or (ii) a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.
(c) If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.
(Acts 1990, No. 90-479, p. 701, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-4 - Resale of Returned Motor Vehicle.

Section 8-20A-4
Resale of returned motor vehicle.
If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:
(1) The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.
(2) The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement:
THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.
(Acts 1990, No. 90-479, p. 701, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-5 - No Dealership Liability.

Section 8-20A-5
No dealership liability.
Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.
(Acts 1990, No. 90-479, p. 701, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-6 - Statute of Limitations.

Section 8-20A-6
Statute of limitations.
Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.
(Acts 1990, No. 90-479, p. 701, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-1 - Short Title.

Section 8-21A-1
Short title.
This chapter may be cited as "The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act."
(Acts 1991, No. 91-721, p. 1401, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-7 - Supplier's Duties to Dealers - Death or Incapacity of Dealer or Majority Stockholder of Corporation Acting as Dealer; Inventory Repurchase; Applicability of Rights and Remedies.

Section 8-21A-7
Supplier's duties to dealers - Death or incapacity of dealer or majority stockholder of corporation acting as dealer; inventory repurchase; applicability of rights and remedies.
(a) In the event of the death or incapacity of the dealer or majority stockholder of a corporation operating as an equipment dealer, the supplier shall, at the option of the heirs at law, if dealer died intestate, or the executor or executrix under the terms of deceased dealer's will, if dealer died testate, repurchase the inventory from the estate the same as if the supplier had terminated the dealer agreement with good cause. The inventory repurchase provisions of Section 8-21A-6 are made expressly applicable hereto. The heirs or executor shall have nine months from the date of death of the dealer or majority stockholder to exercise the option hereunder. Nothing in this chapter shall require the repurchase of deceased dealer's inventory if the heirs or the executor and supplier subsequently enter into a new dealer agreement, or if a successor to the deceased dealer is agreed upon in accordance with the provisions of this chapter.
(b) The provisions of this section shall be supplemental to any agreement between the dealer and the supplier covering the return of farm equipment, attachments, and/or repair parts which provide the dealer with greater protection. The heirs or executor can elect to pursue either the contract remedy or the remedy provided herein, and an election by the heirs or executor to pursue contract remedy shall not bar such heirs or executor's right to the remedy provided herein as to the farm equipment, attachments and/or repair parts not affected by the contract remedy. Any repurchase hereunder is not to be subject to the bulk sales law of this state. Further, nothing shall preclude a price for return parts which is greater than the total allowance for parts allowed herein and the shipping allowance; in such case, the packing, freight and handling expense shall not be borne by the supplier as to such overage.
(Acts 1991, No. 91-721, p. 1401, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-8 - Dealer's Action Against Supplier for Violations; Civil Liability and Remedies.

Section 8-21A-8
Dealer's action against supplier for violations; civil liability and remedies.
Any dealer may bring an action against a supplier in court of competent jurisdiction for damages sustained by the dealer as a result of supplier's violation of any part of this chapter, together with the actual costs of the action, including but not limited to, reasonable attorney's fees along with any consequential damages sustained by the dealer. Dealer may also be granted injunctive relief against the unlawful termination, cancellation, nonrenewal or change in competitive circumstances by the supplier. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
(Acts 1991, No. 91-721, p. 1401, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-9 - Supplier's Obligations Applied to Successor in Interest or Assignee.

Section 8-21A-9
Supplier's obligations applied to successor in interest or assignee.
The obligation of any supplier is applied to and made an obligation of any successor in interest or assignee of the supplier. A successor in interest includes, but is not limited to, any purchaser of the assets or stock, any surviving entity resulting from merger or liquidation, any receiver or any trustee of the original supplier.
(Acts 1991, No. 91-721, p. 1401, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-10 - Warranty Agreement on New Equipment; Warranty Claims.

Section 8-21A-10
Warranty agreement on new equipment; warranty claims.
(a) Every supplier shall provide a fair and reasonable warranty agreement on any new equipment which it sells and shall fairly compensate each of its dealers for parts and labor used in fulfilling the warranty agreement. All claims for paying under the warranty agreement made by dealers hereunder for parts and labor shall be paid within 30 days following their approval by supplier. All claims shall be either approved or disapproved within 60 days after their receipt by supplier. Upon disapproval of any claim submitted by the dealer, and within the time periods set forth in this section, the dealer shall be notified in writing of disapproval, along with specific reasons for the disapproval and curative steps required.
(b) All warranty work performed by the dealer under this section shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions thereof multiplied by the dealer's established customer hourly labor rate, which shall have previously been made known to supplier. All parts used by dealer in warranty work shall be paid to dealer in the amount of dealer's net price for the parts, plus 15 percent of that sum or the supplier's current reimbursement program for warranty work, whichever is greater. The payment is to reimburse the dealer for dealer's reasonable costs of doing business and providing such warranty service on the supplier's behalf. The supplier shall have the right to adjust errors discovered during audit and if necessary to adjust claims collected in error.
(c) It shall be unlawful to deny, delay payment for, or restrict a claim by a dealer for warranty service or parts, incentives, hold-backs, or other amounts owed to a dealer unless the denial, delay, or restriction is the direct result of a material defect in the claim that affects its validity.
(d) A manufacturer, distributor, or wholesaler may audit warranty claims submitted by its dealers only for a period of up to one year following payment of the claims and may charge back to its dealers only those amounts based upon paid claims shown by the audit to be invalid except that this limitation shall not apply in any case of fraudulent claims.
(e) Any audit of a dealer by or on behalf of a manufacturer, distributor, or wholesaler for sales incentives, service incentives, rebates, or other forms of incentive compensation shall be completed not later than six months after the date of the termination of the incentive compensation program except that this limitation shall not apply in any case of fraudulent claims.
(Acts 1991, No. 91-721, p. 1401, §10; Act 2003-356, p. 976, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-11 - Supplier to Indemnify Dealer Against Claims Relating to Manufacture, Assembly, or Design Beyond Dealer's Control.

Section 8-21A-11
Supplier to indemnify dealer against claims relating to manufacture, assembly, or design beyond dealer's control.
The supplier will fully indemnify and hold harmless its dealer against any losses, including but not limited to: court costs, reasonable attorney's fees, any damages arising out of complaints, claims or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty either express or implied, or recession of the sale where the complaint, claim or lawsuit relates to the manufacture, assembly, or design of new items covered by this chapter, parts, or accessories, or other matters relating to the manufacturer, beyond the control of the dealer.
(Acts 1991, No. 91-721, p. 1401, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-12 - Action for Injunction, Damages, etc., for Violations of Chapter, Unfair, or Deceptive Trade Practices, and Other Unlawful Acts.

Section 8-21A-12
Action for injunction, damages, etc., for violations of chapter, unfair, or deceptive trade practices, and other unlawful acts.
Notwithstanding the terms, provisions or conditions of any dealer franchise or dealer agreement or the terms or provisions of any waiver, and notwithstanding any other legal remedies available, any person who is injured in his business or property by a violation of this chapter, by the commission of any unfair and/or deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in a court of competent jurisdiction to enjoin further violations, to recover any damages sustained by him, together with the costs of the suit, including a reasonable attorney's fee. This section applies equally to both manufacturers and dealers.
(Acts 1991, No. 91-721, p. 1401, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act. › Section 8-21A-13 - Statute of Limitations; Accrual of Cause of Action.

Section 8-21A-13
Statute of limitations; accrual of cause of action.
Except as otherwise provided, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until constituting a violation of the provisions of this chapter.
(Acts 1991, No. 91-721, p. 1401, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-2 - Legislative Findings.

Section 8-21B-2
Legislative findings.
The Legislature finds and declares that the distribution and sale of heavy equipment in this state vitally affects the general economy of the state, the public interest, the public safety, and the public welfare and that, in the exercise of its police power, it is necessary to regulate the conduct of heavy equipment suppliers and dealers and their representatives doing business in this state in order to prevent fraud, unfair business practices, unfair methods of competition, and other abuses upon its citizens.
(Act 2009-755, p. 2279, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-3 - Definitions.

Section 8-21B-3
Definitions.
The following words shall have the following meanings:
(1) DEALER. A person, corporation, partnership, or other business entity primarily engaged in the business of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established place of business in this state. If a dealer's retail sales volume of heavy equipment and heavy equipment parts purchased from a single supplier is greater than 70 percent of such dealer's total retail sales volume of heavy equipment and heavy equipment parts during the 12-month period immediately prior to May 22, 2009, or the term of any dealer agreement entered into between the supplier and such dealer after May 22, 2009, then the dealer and such supplier shall not be subject to this chapter with respect to the dealer agreement and transactions between them, but the dealer shall otherwise be subject to this chapter with respect to dealer agreements and transactions with other suppliers.
(2) DEALER AGREEMENT. The agreement or contract, expressed or implied, oral or written, by and between a dealer and supplier which provides for the rights and obligations of the parties with respect to the purchase or sale of heavy equipment.
(3) EQUIPMENT or HEAVY EQUIPMENT. Self-propelled, self-powered, or pull-type equipment and machinery, primarily employed for construction, industrial, maritime, mining, or forestry usage. The term shall not include:
a. Motor vehicles requiring registration and certificates of title.
b. Equipment used for agriculture, horticulture, livestock, grazing, lawn and garden, or light industrial purposes which are subject to Chapter 21A.
(4) NET COST. The price the dealer pays to the supplier for heavy equipment and parts, including the freight costs from the supplier's location to the dealer's location, minus all applicable discounts allowed by the supplier.
(5) PARTS or HEAVY EQUIPMENT PARTS. The parts that the dealer purchased from the supplier for use on heavy equipment.
(6) PERSON. A natural person, partnership, association, corporation, or other legal entity or a combination of legal entities. The term also includes heirs, assigns, personal representatives, guardians, and successors in interest.
(7) RELEVANT MARKET AREA. The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale or lease of heavy equipment under the terms of a dealer agreement.
(8) SUPPLIER. A person, partnership, corporation, association, or other form of business enterprise engaged in the manufacture, assembly, or wholesale distribution of heavy equipment and parts related thereto or any officer or agent thereof. The term also includes any successor in interest including any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, any receiver or assignee, or any trustee of the original supplier.
(Act 2009-755, p. 2279, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-4 - Amendment, Termination, etc., of Dealer Agreement - Good Cause Required.

Section 8-21B-4
Amendment, termination, etc., of dealer agreement - Good cause required.
(a) Notwithstanding the terms, provisions, or conditions of any agreement or dealer agreement, no supplier shall unilaterally amend, terminate, or refuse to renew any dealer agreement, or unilaterally cause a dealer to resign from a dealer agreement, unless the supplier has first complied with this chapter and good cause exists for amendment, termination, nonrenewal, or causing of resignation. The term good cause shall not include the sale or purchase of a supplier. The term good cause shall be limited to withdrawal by the supplier, its successors, and assigns of the sale of its products in Alabama or dealer performance deficiencies including, but not limited to, failure by the dealer to comply substantially, without reasonable cause, with any reasonable and material requirement imposed upon such dealer in writing by the supplier, including, but not limited to, a substantial failure by a dealer to do the following:
(1) Maintain a sales volume or trend of the supplier's product line or lines comparable to that of other similarly situated dealers of that product line.
(2) Render services comparable in quality, quantity, or volume to the services rendered by other dealers of the same product or product line similarly situated.
(b) In any determination as to whether a dealer has failed to comply substantially, without reasonable cause, with any reasonable and material requirement imposed upon such dealer by the supplier, consideration shall be given to the relative size, population, geographical location, number of retail outlets, and demand for the products applicable to the relevant market area of the dealer and to other comparable market areas.
(c) No supplier shall be required to give notice or show good cause pursuant to subsection (a) to unilaterally amend dealer agreements to comply with federal or state law or, where not inconsistent with this chapter, to amend uniformly dealer agreements as to all dealers of the supplier in all states in which the supplier is marketing its products.
(d) In any dispute as to whether a supplier has acted with good cause as required by this chapter, the supplier shall have the burden of proof to establish that good cause existed.
(Act 2009-755, p. 2279, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-5 - Amendment, Termination, etc., of Dealer Agreement - Notice.

Section 8-21B-5
Amendment, termination, etc., of dealer agreement - Notice.
(a) Except as provided in subsection (d), a supplier shall provide a dealer at least 120 days' prior written notice of any intention to amend, terminate, or decline to renew any dealer agreement. The notice shall state all of the reasons for the intended amendment, termination, or nonrenewal.
(b) Where such reason or reasons for amendment, termination, or nonrenewal relate to a condition or conditions which may be rectified by action of the dealer, the dealer shall have 90 days from the date of notice from the supplier in which to take such action and, within such 90-day period, shall give written notice to the supplier if and when such action is taken. If the condition or conditions have been rectified by the dealer, then the proposed amendment, termination, or nonrenewal shall be void and without legal effect. However, where the supplier contends that action on the part of the dealer has not rectified one or more of such conditions, the supplier must give written notice of such claimed deficiency to the dealer within 15 days after the dealer gave notice to the supplier of the action taken.
(c) During the 120-day notice period provided for in subsection (a), the dealer shall have the right to contract for a transfer of the dealership business or dealer agreement to another person who meets the material and reasonable qualifications and standards required by the supplier for its dealers. The dealer shall give notice of any such transfer to the supplier at least 45 days prior to the expiration of the 120-day notice period.
(d) A dealer agreement may be immediately terminated, amended, or nonrenewed and no notice shall be required if the reason for the amendment, termination, or nonrenewal is any of the following:
(1) The bankruptcy or receivership of the dealer.
(2) An assignment by the dealer for the benefit of the creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a dealer for the purpose of securing financing in the ordinary course of business.
(3) Willful or intentional misrepresentation made by the dealer to the supplier with the express intent to defraud the supplier.
(4) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, unless such failure has resulted from acts of God, casualties, strikes, or other similar circumstances beyond the dealer's reasonable control.
(5) A final conviction of the dealer principal of a felony.
(Act 2009-755, p. 2279, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-6 - Consent to Transfers.

Section 8-21B-6
Consent to transfers.
(a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer's business or dealer agreement or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards of the supplier required in appointing its dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the dealer written notice thereof, stating the specific reasons for withholding consent. No prospective transferee shall be disqualified to be a dealer because it is a publicly held corporation. A supplier shall have 45 days to consider a dealer's request to make a transfer under this subsection.
(b) In any dispute as to whether a supplier has denied consent in violation of this section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.
(Act 2009-755, p. 2279, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-7 - Delivery of Notice.

Section 8-21B-7
Delivery of notice.
Notices required by this chapter shall be sent by certified or registered mail or overnight delivery, postage prepaid.
(Act 2009-755, p. 2279, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-9 - Incorporation of Chapter Into Dealer Agreement.

Section 8-21B-9
Incorporation of chapter into dealer agreement.
This chapter shall be deemed to be incorporated into every dealer agreement subject to this chapter and shall supersede and control all provisions of any dealer agreement inconsistent with this chapter.
(Act 2009-755, p. 2279, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-10 - Reasonableness.

Section 8-21B-10
Reasonableness.
This chapter shall impose on every term and provision of any dealer agreement a requirement of reasonableness. Every term or provision of any dealer agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable.
(Act 2009-755, p. 2279, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-11 - Indemnification.

Section 8-21B-11
Indemnification.
Each supplier shall indemnify and hold harmless its dealers against any damages, expenses, and losses including, but not limited to, court costs and reasonable attorneys' fees incurred by the dealer arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty, express or implied, or rescission of the sale where the complaint, claim, or lawsuit relates to either of the following:
(1) The manufacture, assembly, or design of heavy equipment, parts, or accessories by the supplier.
(2) Other functions by the supplier beyond the control of the dealer including, without limitation, the selection by the supplier of parts or components for the heavy equipment.
(Act 2009-755, p. 2279, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-12 - Repurchase of Items by Supplier.

Section 8-21B-12
Repurchase of items by supplier.
Upon voluntary or involuntary termination, nonrenewal, or discontinuance of the dealer agreement by the dealer or supplier, the supplier shall repurchase from the dealer the following:
(1) All heavy equipment which has been acquired from the supplier within three years prior to the date of notice of the termination, nonrenewal, or discontinuance of the dealer agreement and which has not previously been sold by the dealer. The heavy equipment shall be repurchased at the net cost to the dealer. The heavy equipment shall be delivered to the supplier at the dealer's premises.
(2) All parts acquired by the dealer from the supplier, or its approved sources, within seven years prior to the date of notice of termination, nonrenewal, or discontinuance. The supplier shall repurchase the parts at the net cost to the dealer. The parts shall be delivered to the supplier at the dealer's premises.
(3) Specialized repair tools, signage, books, and supplies previously purchased by the dealer pursuant to requirements of the supplier and held by the dealer on the date of termination. The supplier shall repurchase the specialized repair tools, signs, books, and supplies at the net cost to the dealer.
(4) The supplier shall pay the dealer for the items in subdivisions (1) through (3) within 90 days after tender by the dealer of these items at the dealer's premises. If the supplier shall fail or refuse to pay the compensation to the dealer within 90 days, the supplier shall be liable to the dealer for the total amount of 115 percent of the net cost of these items, plus court costs and reasonable attorney's fees in the event of a civil action by the dealer. The supplier shall pay the cost of the return, handling, packing, and loading of all of the items repurchased under this section.
(Act 2009-755, p. 2279, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-13 - Remedies.

Section 8-21B-13
Remedies.
Notwithstanding the terms, provisions, or conditions of any dealer agreement, any person who suffers bodily injury, loss of profit, or property damage as a result of a violation of this chapter may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations and to recover the damages sustained by him or her together with the costs of the suit, including a reasonable attorney's fee. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
(Act 2009-755, p. 2279, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-14 - Civil Action.

Section 8-21B-14
Civil action.
Any civil action commenced under this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of this chapter.
(Act 2009-755, p. 2279, §14.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21B - Alabama Heavy Equipment Dealer Act. › Section 8-21B-15 - Application of Chapter.

Section 8-21B-15
Application of chapter.
This chapter shall apply to all dealer agreements in force and effect on May 22, 2009, and to all dealer agreements, amendments, and renewals to dealer agreements made after May 22, 2009.
(Act 2009-755, p. 2279, §17.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-1 - Legislative Intent; Applicability.

Section 8-21C-1
Legislative intent; applicability.
(a) It is the intent of the Legislature to protect the public health, safety, and welfare of the residents of the state by regulating the relationship between recreational vehicle dealers, manufacturers, and distributors, by maintaining competition, and by providing consumer protection and fair trade.
(b) This chapter applies to manufacturer and dealer agreements entered into on or after October 1, 2011.
(c) Chapter 20 of Title 8, shall not apply to any recreational vehicle manufacturer and dealer agreement to which this chapter applies. This chapter does not otherwise amend or affect Chapter 20 of Title 8.
(Act 2011-636, p. 1529, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-3 - Manufacturer and Dealer Agreement - Required for Sales by Manufacturer or Distributor.

Section 8-21C-3
Manufacturer and dealer agreement - Required for sales by manufacturer or distributor.
(a)(1) After September 30, 2011, a manufacturer or distributor may not sell a recreational vehicle in this state to or through a dealer without having first entered into a manufacturer and dealer agreement with the dealer which has been signed by both parties.
(2) A dealer may not sell a new recreational vehicle in this state without having first entered into a manufacturer and dealer agreement with a manufacturer or distributor which has been signed by both parties.
(b) The manufacturer or distributor shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer and dealer agreement. Except as provided in subsection (c), the manufacturer or distributor may not review or change the area of sales responsibility without the consent of both parties or contract with another dealer for the sale of the same line-make in the designated area until at least one year after the execution of the manufacturer and dealer agreement.
(c) If, subsequent to entering into a manufacturer and dealer agreement, a dealer enters into an agreement to sell any competing recreational vehicle products, or enters into an agreement to increase its pre-existing commitment to sell any competing recreational vehicle products, a manufacturer or distributor may revise the area of sales responsibility designated in the manufacturer and dealer agreement if the market penetration of the manufacturer's or distributor's products is jeopardized by the dealer's subsequent agreements.
(d) When taking on an additional line-make of recreational vehicle, a dealer shall notify in writing any manufacturer or distributor of a competing similar product line with whom the dealer has a manufacturer and dealer agreement at least 30 days subsequent to entering into a manufacturer and dealer agreement with the manufacturer or distributor of the additional line-make.
(Act 2011-636, p. 1529, §3.)
2023 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-5
Manufacturer 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.)