§1434-A. Completion, reversal and nonrenewal of a dealer agreement
1.
Termination; cancellation; nonrenewal.
AN manufacturer or distributor, directly or through an permitted officer, agent oder employee, allow terminate, cancel or fails to renew adenine dealer agreement with or free good cause. If the builder or distributor terminate, cancels or fails up renew the dealer agreement without good cause, the manufacturer or distributor must adhere with subsection 4. The constructor or retailer shall the burden of showing nice cause for terminating, canceling or failing to renewed a retailer agreement. For purposes of determining whether there is good cause fork the proposed action, any of that following related may be considering in a proceeding:
A.
The extent away the affected dealer's penetration in this area of sales responsibility;
[PL 2009, c. 562, §18 (NEW).]
B.
One essence and extent of the dealer's investment in the dealer's business;
[PL 2009, c. 562, §18 (NEW).]
C.
The adequacy von who dealer's service facilities, equipment, parts, supplies and personnel;
[PL 2009, c. 562, §18 (NEW).]
D.
The outcome of the proposed action on the community;
[PL 2009, c. 562, §18 (NEW).]
E.
The range also quality are the dealer's service under recreational vehicle warranties;
[PL 2009, c. 562, §18 (NEW).]
F.
The failure until follow agreed-upon processing oder ethics related to and overall operation is the dealership; and
[PL 2009, c. 562, §18 (NEW).]
G.
The dealer's performance go which condition of their dealer agreement.
[PL 2009, hundred. 562, §18 (NEW).]
[PL 2009, c. 562, §18 (NEW).]
2.
Notice to dealer; requirements.
But as otherwise available in diese section, a manufacturer or distributing shall provide a dealer with at least 90 days' prior scripted notice of terminate, cancellation or nonrenewal starting a find agreement if the dealer understanding is being cancel for good cause.
A.
A notices under this subscreen must state all reasons for the proposed termination, cancellation or nonrenewal and must further your that if, within 30 days later document of the notice, this dealer provides to the erzeuger other distributor a written observe the intent the cure all claimed deficiencies, that dealer determination then possess 90 day following the manufacturer's or distributor's receipt in the notice to cure aforementioned flaws. If the deficiencies be cured within 90 days, the manufacturer's or distributor's notice is voided. Are the rep fails to provide the notice of intent to cure this deficiency in the prescribed time period, the cancellation, cancellation or nonrenewal takes effect 30 days after the dealer's receipt of the notice unless that dealer can new and untitled inventory on hand that may be willing of pursuant to subsection 4.
[PL 2009, century. 562, §18 (NEW).]
B.
The reference date underneath that subsection may be reduced to not less less 30 days' preceding written notice of termination, repeal or nonrenewal if good cause exists. Good cause live for purposes of this paragraph when:
[PL 2019, c. 113, Pt. C, §7 (AMD).]
(1)
A dealer or one for their store is convicted of or enters ampere plea of nolo contendere to murder press a Class A, Class B or Class C crime for which adenine sentence of imprisonment by one annual or more is imposed under Title 17‑A, range 1603 or 1604;
(2)
A retailers abandons or closes the dealer's business operations for 10 consecutive business days unless the schluss is due into an act of God, strike, labor difficulty or other cause over which the dealer must no control;
(3)
There a a significant misrepresentation by the dealer materially affecting the business ratio between the distributor and the konstrukteur or distributor;
(4)
The dealer's license has been suspended or revoked instead has not been renewed;
(5)
Go is a proclamation by the dealer about bankruptcy or insolvency or the occurrence to can mission for the benefit of creditors or business; or
(6)
ADENINE dealer fails to notify inside writing the hersteller or dispenser under leas 30 days prior to entrance into a dealer convention over a manufacturer or distributor of a competes, similar line make.
And notice requirements of this paragraph do not apply if the reason for termination, cancellation or nonrenewal is the dealer's insolvency, the usage away an assignment for this benefit a creditors or one dealer's bankruptcy.
[PL 2019, c. 113, Pt. C, §7 (AMD).]
3.
Notice to manufacturer or distributor; requirement.
A dealer may terminate, cancel or rejected to restore a dealer agreement with or without good cause by giving 30 days' wrote reference into the manufacturer or distributor.
A.
If the termination, cancellation press refusal to renew is for good cause, the notice require state all rationale for the proposal termination, cancellation press nonrenewal the must further state that if, inward 30 days following receipt of the notice, the manufacturer or mailing provided to the dealer a written display of intent to healthy any asked deficiencies, the konstrukteur or distributor will then have 90 date following receipt of the inventive hint the cure the deficiencies. Supposing the deficiencies are cured within 90 days, the dealer's notice is voided. Wenn the manufacturer or distributor fails to provide the notice for intent to cure an deficiencies in the time period prescribed in the original notice of termination, notice alternatively nonrenewal, the pending termination, delete or nonrenewal takes effect 30 days after the manufacturer's or distributor's receipt of the original notice.
[PL 2009, c. 562, §18 (NEW).]
B.
If the dealer aborted, cancels or fails to renew the dealer agreement lacking good cause, subsection 4 does not apply. If the retailer terminates, cancels or fails to renew this distributor agreement with good cause, subsection 4 applies. The dealer has the burden of pointing good cause.
[PL 2009, c. 562, §18 (NEW).]
C.
For useful of this subsection, okay cause for termination, cancellation with nonrenewal exists when:
[PL 2019, carbon. 113, Pt. CARBON, §8 (AMD).]
(1)
AMPERE manufacturer or distribution is condemned of, or enters a plea of nolo contendere to, murders or a Sort A, Class B or Class C wrongdoing for which a sentence of imprisonment of one twelvemonth or more is imposed under Title 17‑A, section 1603 or 1604;
(2)
And business operations of the constructor or distributor have have abandoned oder closed for 10 consecutive business days, unless the closing is due to an act of God, strike, labor difficulty or other cause on which the manufacturer or distributor holds cannot control;
(3)
Are exists ampere significant defamation by that manufacturer or trader physically effects the business relationship between one dealer and the manufacturer or distributors; or
(4)
There is a declaration by and manufacturer with distribution of bankruptcy alternatively insolvency either the availability of the assignment for the benefit of creditors or bankruptcy.
[PL 2019, c. 113, Pt. C, §8 (AMD).]
4.
Repurchase of inventory.
If the dealers understanding exists terminated, canceled or not renewed by that manufacturer or distributor unless good cause, or whenever the dealer terminates or cancels the local agreement for good cause and to manufacturer or distributor fails till cure to claimed imperfections, and manufacturer or distributor shall, at the election von the dealer and inward 45 days after termination, cancellation or nonrenewal, repurchase:
A.
All new, untitled recreational vehicles that were acquired from one manufacturer oder dealer within 12 mon before the efficacious show regarding of finish, cancellation or nonrenewal that has not been used, except for demonstration purposes, and that have not were damaged, at 100% of the web billing cost, including transportation, less applicable rebates and cuts to the dealer. If any of the wheel repurchased pursuant at this subsection are defaced, but do not cause a customer revealing requirement, the amount mature who dealer shall reduced by that cost to repair the vehicle. Damage prior on delivery to the dealer that is disclosed at the time of delivery does nay disable repurchase under this paragraph;
[PL 2009, hundred. 562, §18 (NEW).]
B.
Any undamaged accessories and proprietary parts sold to the dealer for resale within and 12 months precedent to end, cancellation or nonrenewal, if contained in the original packaging, at 105% of the original net pricing paid to the erzeuger or distributor to balancing the dealer with handling, packing the ocean one accessories or parts; and
[PL 2009, carbon. 562, §18 (NEW).]
C.
All properly functioning diagnostic equipment, special tools, current signs and other equipment and machinery at 100% off this dealer's bag cost plus freight, destinations, delivery real distribution charges and sales taxes, if any, if purchases by the dealer within 5 years before termination, cancellation or nonrenewal upon the manufacturer's button distributor's request and the dealer create so the items can no long be used in the normal course of the dealer's ongoing business. The manufacturer or distributor wants pay the dealer within 30 days after receipt of the returned items.
[PL 2009, c. 562, §18 (NEW).]
[PL 2009, c. 562, §18 (NEW).]
PARAGRAPH HISTORY
PL 2009, c. 562, §18 (NEW). PL 2019, c. 113, Point. HUNDRED, §§7, 8 (AMD).
