Code of Alabama - Title 8: Commercial Law and Consumer Protection - Chapter 21B - Alabama Heavy Equipment Dealer Act

• Section 8-21B-1 Short title
  This chapter shall be known as and may be cited as the Alabama Heavy Equipment Dealer Act.
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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.
• Section 8-21B-8 Change in management personnel; damaging actions; additional dealership agreements; recovery of damages
  (a) No supplier shall require or prohibit any change in management personnel of any dealer unless the current or proposed management or personnel fails to...
• 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...
• 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...
• 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'...
• 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...
• 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...
• 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...
• 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...

Last modified: May 3, 2021