reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 98 - Storage Units › § 3901. Definitions

§ 3901. Definitions
As used in this chapter:
(1) “Default” means the violation or failure to perform a duty or obligation created in this chapter or in a rental agreement.
(2) “Electronic mail” means the transmission of information through computer or other electronic means or a communication sent to a person identified by a unique electronic address.
(3) “Last known address” means the mailing address, and the e-mail address if applicable, provided by the occupant in a rental agreement or in a subsequent written notice of a change of address.
(4)(A) “Late fee” means a fee or charge assessed for an occupant’s failure to pay rent or other fees, charges, or expenses when due.
(B) “Late fee” does not include:
(i) interest on a debt;
(ii) reasonable expenses, fees, or charges incurred in the collection of unpaid rent or expenses; or
(iii) fees or charges associated with the enforcement of any other remedy provided by law or a rental agreement.
(5) “Occupant” means a person, successor, assignee, agent, or representative entitled to use storage space under a rental agreement to the exclusion of others.
(6) “Owner” means the owner, operator, lessor, or sublessor of a self- storage facility, an agent, or any other person authorized by the owner to manage the facility or to receive rent from an occupant under a rental agreement.
(7) “Personal information” means written information about a person that is not publicly available and that readily identifies that person or is closely associated with that person, including a Social Security number, credit or debit card information, a bank account number, medical information, or passport information.
(8) “Personal property” means movable property not affixed to land, and includes goods, merchandise, and household items.
(9) “Rental agreement” means a written agreement that establishes or modifies the terms, conditions, rules, or any other provision concerning the use and occupancy of storage space.
(10)(A) “Self-storage facility” means real property designed and used for the purpose of renting or leasing individual storage space to an occupant.
(B) A self-storage facility is not a “warehouse” as defined in 9A V.S.A. § 7-102.
(11) “Storage space” means the individual space at a self-storage facility that is rented to an occupant under a rental agreement. (Added 2007, No. 183 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 168 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 98 - Storage Units › § 3902. Residential purposes

§ 3902. Residential purposes
(a) An occupant shall not use storage space at a self-storage facility for residential purposes.
(b) An owner shall not knowingly permit the use of a storage space for residential purposes. (Added 2007, No. 183 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 168 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 98 - Storage Units › § 3903. Disclosures

§ 3903. Disclosures
(a) A rental agreement shall contain the following:
(1) the name and address of the owner and occupant;
(2) the actual monthly occupancy charge, rent, or lease amount for the storage space provided, expressed in dollars;
(3)(A) disclosure of the charges the owner may impose for the occupancy;
(B) a description of the charges, including any security deposit and the conditions for retaining or returning the deposit;
(C) whether the charges are mandatory or optional; and
(D) the amount of each charge, expressed in dollars;
(4) a provision that states:
(A) whether property stored in the storage space is insured by the owner against loss or damage; and
(B) the requirement that the occupant must provide his or her own insurance for any property stored; and
(5) notice to an occupant that:
(A) this chapter creates a lien on property stored in the storage space;
(B) the owner may sell the property stored in the storage space to satisfy the lien;
(C) the owner is not liable for damage, loss, or alienation of items of sentimental nature or value; and
(D) if the owner offers notice by electronic mail, the occupant may elect to receive notice by electronic mail only by indicating the election in the rental agreement.
(b) If a rental agreement contains a limit on the value of property that may be stored in a storage space, the limit is deemed to be the maximum value of the property in the storage space and the maximum liability of the owner for any claim.
(c)(1) An owner may impose a late fee of not more than $20.00 or 20 percent of a rental payment, whichever is greater, for each service period that an occupant does not pay the rent, charges, fees, or expenses when due.
(2) An owner shall not impose a late fee if the occupant pays the rent, charges, fees, and expenses in full not later than five days after the due date.
(3) An owner shall not impose a late fee unless the amount of the fee and the conditions for imposing that fee are stated in the rental agreement.
(d) Except as otherwise provided in a rental agreement, an occupant has the exclusive care, custody, and control of property in a storage space until the property is sold or otherwise disposed pursuant to this chapter.
(e) The disclosures required under subdivisions (a)(4) and (a)(5) and subsections (b)–(d) of this section shall be written in bold type and of a font size equal to or greater than the general text of the agreement. (Added 2007, No. 183 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 168 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 98 - Storage Units › § 3904. Lien

§ 3904. Lien
(a) An owner has a possessory lien upon all personal property located in a storage space for:
(1) rent;
(2) labor;
(3) late fees or other charges relating to the personal property; and
(4) expenses arising from the preservation or sale of the property pursuant to this chapter.
(b) The lien created in this section attaches as of the date an occupant stores personal property in a storage space pursuant to a rental agreement. (Added 2007, No. 183 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 168 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 98 - Storage Units › § 3906. Scope; supplemental nature of chapter

§ 3906. Scope; supplemental nature of chapter
(a) If an owner issues a warehouse receipt, bill of lading, or other document of title for the personal property stored in a self-storage facility, the owner and the occupant are subject to Title 9A and this chapter does not apply.
(b) Nothing in this chapter shall be construed in any manner to impair or affect the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law or in equity, or by any statute in this State. (Added 2007, No. 183 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 168 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 98 - Storage Units › § 3907. Savings clause

§ 3907. Savings clause
This chapter shall only apply to self-storage rental agreements entered into, extended, or renewed after January 1, 2009. Rental agreements providing for monthly rental payments but providing no specific termination date shall be subject to this chapter on the first monthly rental payment date following January 1, 2009. (Added 2007, No. 183 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 98 - Storage Units › § 3908. Severability

§ 3908. Severability
If any provision of this chapter or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable. (Added 2007, No. 183 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 101 - Wagering Contracts › § 3982. Void contracts

§ 3982. Void contracts
Contracts, promises, notes, bills, bonds, judgments, and other assurances, and mortgages, conveyances, or securities made and executed by a person in which any part of the consideration is for money or other valuable thing won on any of the aforesaid games, or borrowed or lent for such purpose at the time and place of gaming, shall be null and void.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 102 - Construction Contracts › § 4001. Definitions

§ 4001. Definitions
As used in this chapter:
(1) “Contractor” means a person or entity that contracts with an owner to perform work, or provide materials or machinery necessary to perform work on real property.
(2) “Work” means to build, alter, repair, or demolish any improvement on, connected with, or on or beneath the surface of any real property, or to excavate, clear, grade, fill, or landscape any real property or to construct driveways, private roadways, highways and bridges, drilled wells, septic, sewage systems, utilities, including trees and shrubbery, or to furnish materials, for any of such purposes, or to perform any labor upon real property. “Work” also includes any design or other professional or skilled services rendered by architects, engineers, land surveyors, landscape architects, and construction managers.
(3) “Owner” means a person or entity having an interest in real property on which work is performed, if the person or entity has agreed to or requested such work. “Owner” includes successors in interest of the owner and agents of the owner acting within their authority. “Owner” shall also include the State of Vermont and instrumentalities and subdivisions of the State of Vermont including municipalities and school districts having an interest in such real property.
(4) “Real property” means real estate, including lands, leaseholds, tenements and hereditaments, and improvements placed thereon.
(5) “Construction contract” means any agreement, whether written or oral, to perform work on any real property located within the State of Vermont.
(6) “Subcontractor” means any person or entity that has contracted to perform work, or provide materials or machinery necessary to perform work for a contractor or another subcontractor in connection with a construction contract.
(7) “Delivery” means receipt by addressee, including first-class, registered, or certified mail, hand delivered or transmitted by facsimile machine. Mail, properly addressed, shall be deemed delivered three days from the day it was sent.
(8) “Billing period” means the period agreed to by the parties or, in the absence of an agreement, the calendar month within which work is performed. (Added 1991, No. 74, § 1 eff. Jan. 1, 1992; amended 1993, No. 146 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 102 - Construction Contracts › § 4002. Owner’s payment obligations

§ 4002. Owner’s payment obligations
(a) The owner shall pay the contractor strictly in accordance with the terms of the construction contract.
(b) In the event that the construction contract does not contain a term governing the terms of payment, the contractor shall be entitled to invoice the owner for progress payments at the end of the billing period. The contractor shall be entitled to submit a final invoice for payment in full upon completion of the agreed-upon work.
(c) Except as otherwise agreed, payment of interim and final invoices shall be due from the owner 20 days after end of billing period or 20 days after delivery of invoice, whichever is later.
(d) Except as otherwise agreed, if any progress or final payment to a contractor is delayed beyond the due date established in subsection (c) of this section, the owner shall pay the contractor interest, beginning on the 21st day, at an interest rate equal to that established by 12 V.S.A. § 2903(b), on such unpaid balance as may be due. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 102 - Construction Contracts › § 4003. Contractor’s and subcontractor’s payment obligations

§ 4003. Contractor’s and subcontractor’s payment obligations
(a) Performance by a subcontractor in accordance with the provisions of its contract shall entitle it to payment from the party with which it contracts.
(b) Notwithstanding any contrary agreement, a contractor or subcontractor shall disclose to a subcontractor, before a subcontract is entered, the due date for receipt of payments from the owner. Notwithstanding any other provision of this chapter, if a contractor or subcontractor fails to accurately disclose the due date to a subcontractor, the contractor or subcontractor shall be obligated to pay the subcontractor as though the 20-day due dates in subsection 4002(c) of this title were met by the owner.
(c) Notwithstanding any contrary agreement, when a subcontractor has performed in accordance with the provisions of its contract, a contractor shall pay to the subcontractor, and each subcontractor shall in turn pay to its subcontractors, the full or proportional amount received for each such subcontractor’s work and materials based on work completed or service provided under the subcontract, seven days after receipt of each progress or final payment or seven days after receipt of the subcontractor’s invoice, whichever is later.
(d) Notwithstanding any contrary agreement, if any progress or final payment to a subcontractor is delayed beyond the due date established in subsections (b) or (c) of this section, the contractor or subcontractor shall pay its subcontractor interest, beginning on the next day, at an interest rate equal to that established by 12 V.S.A. § 2903(b), on such unpaid balance as may be due. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 102 - Construction Contracts › § 4004. Errors in documentation

§ 4004. Errors in documentation
If an invoice is filled out incorrectly, or incompletely, or if there is any defect or impropriety in an invoice submitted, the receiving owner, contractor, or subcontractor shall contact the invoicing contractor or subcontractor in writing within ten working days of receiving the invoice. Otherwise, documentary errors shall be deemed waived. If an error on the invoice is corrected by the invoicing contractor or subcontractor, the date on which the corrected invoice is delivered shall be deemed the end of the billing period for the purposes of this chapter. (Added 1991, 74, § 1, eff. Jan. 1, 1992.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 102 - Construction Contracts › § 4005. Retainage

§ 4005. Retainage
(a) If payments under a construction contract are subject to retainage, any amounts that have been retained during the performance of the contract and that are due to be released to the contractor upon final completion shall be paid within 30 days after final acceptance of the work.
(b) If an owner is not withholding retainage, a contractor or subcontractor may withhold retainage from its subcontractor in accordance with their agreement. The retainage shall be paid within 30 days after final acceptance of the work.
(c) Notwithstanding any contrary agreement, a contractor shall pay to its subcontractors, and each subcontractor shall in turn pay to its subcontractors, within seven days after receipt of the retainage, the full amount due to each such subcontractor.
(d) If an owner, contractor, or subcontractor unreasonably withholds acceptance of the work or fails to pay retainage as required by this section, the owner, contractor, or subcontractor shall be subject to the interest, penalty, and attorney’s fees provisions of sections 4002, 4003, and 4007 of this title.
(e) Notwithstanding any provision of this section or an agreement to the contrary, except in the case of a contractor or subcontractor who is both a materialman who delivers materials and is contracted to perform work using those materials, a contractor or subcontractor shall not hold retainage for contracted materials that:
(1) have been delivered by a materialman and accepted by the contractor at the site or off site; and
(2) are covered by a manufacturer’s warranty or graded to meet industry standards, or both. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992; amended 2017, No. 179 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 102 - Construction Contracts › § 4006. Prepayment; advance payment

§ 4006. Prepayment; advance payment
This chapter shall in no way be construed to prohibit an owner, contractor, or subcontractor from making advance payments, progress payments, or from prepaying if agreements or other circumstances make such payments appropriate. All such payments shall be made promptly and shall be subject to the interest, penalties, and other provisions hereof when payment is later. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 102 - Construction Contracts › § 4007. Disputes; penalties; attorney’s fees

§ 4007. Disputes; penalties; attorney’s fees
(a) Nothing in this chapter shall prevent an owner, contractor, or subcontractor from withholding payment in whole or in part under a construction contract in an amount equalling the value of any good faith claims against an invoicing contractor or subcontractor, including claims arising from unsatisfactory job progress, defective construction, disputed work, or third-party claims.
(b) If arbitration or litigation is commenced to recover payment due under the terms of this chapter and it is determined that an owner, contractor, or subcontractor has failed to comply with the payment terms of this chapter, the arbitrator or court shall award, in addition to all other damages due and as a penalty, an amount equal to one percent per month of all sums as to which payment has wrongfully been withheld. An amount shall not be deemed to have been wrongfully withheld to the extent it bears a reasonable relation to the value of any claim held in good faith by the owner, contractor, or subcontractor against which an invoicing contractor, or subcontractor is seeking to recover payment.
(c) Notwithstanding any contrary agreement, the substantially prevailing party in any proceeding to recover any payment within the scope of this chapter shall be awarded reasonable attorney’s fees in an amount to be determined by the court or arbitrator, together with expenses. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 102 - Construction Contracts › § 4008. Contracts involving federal aid

§ 4008. Contracts involving federal aid
Notwithstanding any provision of this chapter, language varying the requirements of this chapter may be included in contracts when such variance is required by any statute, regulation, or grant agreement conditioning the receipt or expenditure of federal aid. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 103 - Trading Stamps › § 4021. Definitions

§ 4021. Definitions
As used in this chapter:
(1) “Person” refers to any individual, partnership, corporation, association, or other organization.
(2) “Trading stamp” refers to any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, that entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service, or cash. This term, however, shall not mean any redeemable device used by the manufacturer or packer of an article in advertising or selling it.
(3) “Trading stamp company” refers to any person engaged in distributing trading stamps for retail issuance by others, or in redeeming trading stamps for retailers, in any way or under any guise. (Added 1959, No. 240, § 1, eff. Sept. 1, 1959.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 103 - Trading Stamps › § 4022. Fraud prohibited

§ 4022. Fraud prohibited
A trading stamp company shall not willfully commit any fraud or make any false representation or resort to any lottery in distributing or redeeming trading stamps in this State. (Added 1959, No. 240, § 2, eff. Sept. 1, 1959.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 103 - Trading Stamps › § 4023. Distribution, limitations

§ 4023. Distribution, limitations
A trading stamp company shall not issue or distribute trading stamps in this State after this chapter takes effect unless (1) each stamp has legibly printed upon its face in cents or any fraction thereof a cash value determined by the company, and (2) the rightful holders may, at their option, redeem the stamps in cash when duly presented to the company for redemption in a number having an aggregate cash value of not less than $0.25. (Added 1959, No. 240, § 3, eff. Sept. 1, 1959.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 103 - Trading Stamps › § 4025. Claims, enforcement

§ 4025. Claims, enforcement
(a) In the event the company defaults in performing its obligations under this chapter, all rightful holders of trading stamps of the company shall be entitled to make claim against the bond filed under subdivision 4024(a)(2) of this title. Retailers in possession of trading stamps for issuance to their customers shall also be deemed rightful holders entitled to make a claim.
(b) If the company defaults in the performance of its obligation to redeem trading stamps, any rightful holder may file, within three months after the default, a complaint in the Washington Superior Court. Upon the filing of a complaint, the presiding judge shall, upon 14 days’ notice in writing sent by certified mail to the company, summarily hear and forthwith make a determination whether there has been a default. If the presiding judge determines that there has been a default, he or she shall give notice of the determination to the company and if the default is not corrected within 14 days, he or she shall order the clerk of the court to publish notice of the default in three consecutive publications of one or more newspapers having general circulation throughout this State and therein require that proof of all claims for redemption of the trading stamps of the company shall be filed with the court, together with the trading stamps upon which the claim is based, within three months after the date of the first publication. Promptly after the expiration of that period, the court shall determine the validity of all claims so filed. Thereupon, the court shall be paid by the surety such amount as shall be necessary to satisfy all valid claims so filed, not exceeding, however, the principal sum of the bond. Upon the failure to pay the amount demanded, the court shall notify the Attorney General who shall bring an action in a court of record, to recover the amount demanded. Upon payment or recovery of the amount demanded, the clerk of the court shall promptly thereafter make an equitable distribution of the proceeds of the bond to the claimants and shall promptly destroy the trading stamps so surrendered. (Added 1959, No. 240, § 5, eff. Sept. 1, 1959; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2017, No. 11, § 9.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 103 - Trading Stamps › § 4026. Notice of cessation of redemption

§ 4026. Notice of cessation of redemption
A trading stamp company shall not cease or suspend the redemption of trading stamps in cash in this State without filing with the Secretary of State, at least 90 days before the suspension, written notice of its intention so to do and concurrently mailing a copy of the notice to each retailer within this State that has, at any time theretofore within one year, issued trading stamps which the company is obligated to redeem. (Added 1959, No. 240, § 6, eff. Sept. 1, 1959.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 103 - Trading Stamps › § 4027. Penalty

§ 4027. Penalty
Any trading stamp company that violates any provision of this chapter shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, and the Superior Court shall have jurisdiction on the complaint of any interested person to restrain and enjoin the violation of any of those provisions. (Added 1959, No. 240, § 7, eff. Sept. 1, 1959; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 105 - Credit Cards › § 4041. Definitions

§ 4041. Definitions
As used in this chapter:
(1) “Person” includes a natural person, a firm, an association, and a corporation, and any officer, employee, or agent thereof.
(2) “Cardholder” means any person to whom a credit card is issued and any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.
(3) “Card issuer” means any person who issues a credit card.
(4) “Credit card” means any instrument, whether known as credit card, credit plate, charge plate, or any other name, that purports to evidence an undertaking to pay for property, labor, services, or delinquent taxes paid, delivered, or rendered to or upon the order of persons designated or otherwise authorized as bearers of such card, and includes bank credit cards as defined in 8 V.S.A.§ 1301(b).
(5) “Accepted credit card” means any credit card that the cardholder has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, services, or payment of delinquent taxes on credit, and also the term includes a credit card issued in replacement or renewal of an accepted credit card.
(6) “Unauthorized use” means a use of a credit card to obtain money, property, labor, services, or payment of delinquent taxes by a person other than the cardholder who does not have actual, implied, or apparent authority for such use.
(7) “Notice of loss instructions” shall be a separate slip or card, or a provision clearly printed in bold type in a cardholder agreement or accompanying material that shall apprise cardholder of the potential liability for unauthorized use, shall designate the address and telephone number of an office or offices of issuer to which adequate notice of loss may be given, and that shall contain a blank space for the cardholder to insert his or her account number, which space shall be identified to invite such insertion.
(8) “Adequate notice of loss” shall be an actual notice of loss or theft or of unauthorized use of the card to a designated office of issuer that may be by mail, telephone, telegraph, or in person. (Added 1969, No. 221 (Adj. Sess.), § 1; amended 1987, No. 278 (Adj. Sess.), § 12, eff. June 21, 1988; 2021, No. 20, § 35.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 105 - Credit Cards › § 4042. Liability for unauthorized use

§ 4042. Liability for unauthorized use
A provision imposing liability on a cardholder for the unauthorized use of a credit card shall be effective only if the card is an accepted credit card, the liability imposed is not in excess of $100.00, the cardholder has received notice of loss instructions from issuer, and the unauthorized use occurs before the cardholder has given adequate notice of loss to issuer. (Added 1969, No. 221 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 105 - Credit Cards › § 4043. Fraudulent use

§ 4043. Fraudulent use
A person shall not with intent to defraud, obtain, or attempt to obtain money, property, services, or any other thing of value, by the use of a credit card that he or she knows, or reasonably shall have known, to have been stolen, forged, revoked, cancelled, unauthorized, or invalid for use by him or her for such purpose. (Added 1969, No. 221 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 105 - Credit Cards › § 4044. Penalty

§ 4044. Penalty
(a) A person who violates section 4043 of this title shall be fined not more than $500.00 or be imprisoned not more than six months, or both, if the aggregate value of the money, property, services, or other things of value so obtained is $50.00 or less.
(b) A person who violates section 4043 of this title shall be fined not more than $1,000.00 or be imprisoned not more than one year, or both, if the aggregate value of the money, property, services, or other things of value so obtained exceeds $50.00. (Added 1969, No. 221 (Adj. Sess.), § 4; amended 1971, No. 199 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 105 - Credit Cards › § 4045. Illegal possession; seizure

§ 4045. Illegal possession; seizure
(a) A person in possession of a credit card issued to another with the intent to use the credit card without the consent of the cardholder shall be fined not more than $500.00 or imprisoned not more than six months, or both.
(b) A law enforcement officer who finds a credit card in the possession of a person other than the cardholder shall seize the same unless it is affirmatively made to appear that an unauthorized use of said card is not intended. A card seized under such circumstances shall be returned to the card issuer at such time as it may not be needed as material or relevant evidence for prosecution. (Added 1969, No. 221 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 107 - Equipment and Machinery Dealerships › § 4071. Definitions

§ 4071. Definitions
As used in this chapter:
(1) “Current net price” means the price listed in the supplier’s price list or catalogue in effect at the time the dealer agreement is terminated, less any applicable discounts allowed.
(2)(A) “Dealer” means a person primarily engaged in the business of retail sales of inventory.
(B) “Dealer” does not include a “single line dealer,” a person primarily engaged in the retail sale and service of industrial, forestry, and construction equipment, who:
(i) has purchased 75 percent or more of his or her new inventory from a single supplier; and
(ii) has a total annual average sales volume for the previous three years in excess of $100 million for the entire territory for which the dealer is responsible.
(3) “Dealer agreement” means a written or oral agreement between a dealer and a supplier by which the supplier gives the dealer the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol.
(4)(A) “Inventory” means:
(i) farm, utility, forestry, yard and garden, or industrial:
(I) tractors;
(II) equipment;
(III) implements;
(IV) machinery;
(V) attachments;
(VI) accessories; and
(VII) repair parts;
(ii) snowmobiles, as defined in 23 V.S.A. § 3201(5), and snowmobile implements, attachments, garments, accessories, and repair parts; and
(iii) all-terrain vehicles, as defined in 23 V.S.A. § 3801(1), and all-terrain vehicle implements, attachments, garments, accessories, and repair parts.
(B) “Inventory” does not include heavy construction equipment.
(5) “Net cost” means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier’s location to the dealer’s location. In the event of termination of a dealer agreement by the supplier, “net cost” shall include the reasonable cost of assembly or disassembly performed by a dealer.
(6) “Supplier” means a wholesaler, manufacturer, or distributor of inventory who enters into a dealer agreement with a dealer.
(7) “Termination” of a dealer agreement means the cancellation, nonrenewal, or noncontinuance of the agreement. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2015, No. 142 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 107 - Equipment and Machinery Dealerships › § 4073. Supplier’s duty to repurchase inventory

§ 4073. Supplier’s duty to repurchase inventory
(a) Whenever a dealer enters into a dealer agreement under which the dealer agrees to maintain an inventory, and the agreement is terminated by either party as provided in this chapter, the supplier, upon written request of the dealer filed within 30 days of the effective date of the termination, shall repurchase the dealer’s inventory as provided in this chapter. There shall be no requirement for the supplier to repurchase inventory pursuant to this section if:
(1) the dealer has made an intentional and material misrepresentation as to the dealer’s financial status;
(2) the dealer has defaulted under a chattel mortgage or other security agreement between the dealer and supplier; or
(3) the dealer has filed a voluntary petition in bankruptcy.
(b) Whenever a dealer enters into a dealer agreement in which the dealer agrees to maintain an inventory and the dealer or the majority stockholder of the dealer, if the dealer is a corporation, dies, or becomes incompetent, the supplier shall, at the option of the heir, personal representative, or guardian of the dealer or the person who succeeds to the stock of the majority stockholder, repurchase the inventory as if the agreement had been terminated. The heir, personal representative, guardian, or succeeding stockholder has 180 days from the date of the death of the dealer or majority stockholder to exercise the option under this chapter. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)