Unfair practices: Putting into effect unfair, unreasonable or inequitable method for allocation, scheduling or delivery of new vehicles, parts or accessories; refusal or failure to deliver new vehicles, parts or accessories; exception. A manufacturer, importer or distributor shall not:
1. Adopt or put into effect a method for the allocation, scheduling or delivery of new vehicles, parts or accessories to its dealers that is not fair, reasonable and equitable or change an existing method so as to be unfair, unreasonable or inequitable. Upon the request of a dealer, a manufacturer, importer or distributor shall disclose in writing to the dealer the method by which new vehicles, parts and accessories are allocated, scheduled or delivered to its dealers handling the same line or make of vehicles.
2. Refuse or fail to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of vehicle sold or distributed by the manufacturer, importer or distributor any new vehicle sold under the same name, trademark, service mark or brand, or parts or accessories for the new vehicle, if the vehicle, parts or accessories are being delivered to others or advertised as available for delivery, or require a dealer to purchase unreasonable advertising displays or other materials, or require a dealer to remodel or renovate his existing facilities as a prerequisite to receiving a model or series of vehicles. Compliance with this subsection is excused if prevented by an act of God, strike or labor dispute, embargo or other cause beyond the control of the manufacturer, importer or distributor.
Last modified: February 25, 2006