16-1203.Change of farm equipment dealership agreements; restrictions.
No farm equipment manufacturer, directly or through any
officer, agent or employee may terminate, cancel, fail to renew or
substantially change the competitive circumstances of a dealership
agreement without good cause. For the purposes of this subsection, good
cause means and includes the failure by a farm equipment dealer to
substantially comply with essential and reasonable
requirements imposed upon the dealer by the dealership agreement, provided
such requirements are not different from those requirements imposed on
other similarly situated dealers either by their terms or in the manner of
their enforcement. In addition, good cause shall exist whenever:
(a) The farm equipment dealer has transferred an interest in the farm
equipment dealership without the manufacturer's consent, or there has been a
withdrawal from the dealership of an individual proprietor, partner, major
shareholder, or the manager of the dealership, or there has been a
substantial reduction in interest of a partner or major stockholder without
the consent of the manufacturer;
(b) the farm equipment dealer has filed a voluntary petition in
bankruptcy or has had an involuntary petition in bankruptcy filed against
it which has not been discharged within 30 days after the filing, or there
has been a closeout or sale of a substantial part of the dealer's assets
related to the farm equipment business, or there has been a commencement of
dissolution or liquidation of the dealer;
(c) there has been a change, without the prior written approval of the
manufacturer, in the location of the dealer's principal place of business
under the dealership agreement;
(d) the farm equipment dealer has defaulted under any chattel mortgage
or other security agreement between the dealer and the farm equipment
manufacturer, or there has been a revocation or discontinuance of any
guarantee of the dealer's present or future obligations to the farm
equipment manufacturer;
(e) the farm equipment dealer has failed to operate in the normal course
of business for seven consecutive days or has otherwise abandoned its business;
(f) the farm equipment dealer has pleaded guilty to or has been
convicted of a felony affecting the relationship between the dealer and manufacturer;
(g) the dealer has engaged in conduct which is injurious or detrimental
to the dealer's customers or to the public welfare;
(h) the farm equipment dealer has consistently failed to meet the
manufacturer's requirements for reasonable market penetration based on the
manufacturer's experience in other comparable marketing areas.
16-1203.Change of farm equipment dealership agreements; restrictions.
No farm equipment manufacturer, directly or through any
officer, agent or employee may terminate, cancel, fail to renew or
substantially change the competitive circumstances of a dealership
agreement without good cause. For the purposes of this subsection, good
cause means and includes the failure by a farm equipment dealer to
substantially comply with essential and reasonable
requirements imposed upon the dealer by the dealership agreement, provided
such requirements are not different from those requirements imposed on
other similarly situated dealers either by their terms or in the manner of
their enforcement. In addition, good cause shall exist whenever:
(a) The farm equipment dealer has transferred an interest in the farm
equipment dealership without the manufacturer's consent, or there has been a
withdrawal from the dealership of an individual proprietor, partner, major
shareholder, or the manager of the dealership, or there has been a
substantial reduction in interest of a partner or major stockholder without
the consent of the manufacturer;
(b) the farm equipment dealer has filed a voluntary petition in
bankruptcy or has had an involuntary petition in bankruptcy filed against
it which has not been discharged within 30 days after the filing, or there
has been a closeout or sale of a substantial part of the dealer's assets
related to the farm equipment business, or there has been a commencement of
dissolution or liquidation of the dealer;
(c) there has been a change, without the prior written approval of the
manufacturer, in the location of the dealer's principal place of business
under the dealership agreement;
(d) the farm equipment dealer has defaulted under any chattel mortgage
or other security agreement between the dealer and the farm equipment
manufacturer, or there has been a revocation or discontinuance of any
guarantee of the dealer's present or future obligations to the farm
equipment manufacturer;
(e) the farm equipment dealer has failed to operate in the normal course
of business for seven consecutive days or has otherwise abandoned its business;
(f) the farm equipment dealer has pleaded guilty to or has been
convicted of a felony affecting the relationship between the dealer and manufacturer;
(g) the dealer has engaged in conduct which is injurious or detrimental
to the dealer's customers or to the public welfare;
(h) the farm equipment dealer has consistently failed to meet the
manufacturer's requirements for reasonable market penetration based on the
manufacturer's experience in other comparable marketing areas.
16-1203.Change of farm equipment dealership agreements; restrictions.
No farm equipment manufacturer, directly or through any
officer, agent or employee may terminate, cancel, fail to renew or
substantially change the competitive circumstances of a dealership
agreement without good cause. For the purposes of this subsection, good
cause means and includes the failure by a farm equipment dealer to
substantially comply with essential and reasonable
requirements imposed upon the dealer by the dealership agreement, provided
such requirements are not different from those requirements imposed on
other similarly situated dealers either by their terms or in the manner of
their enforcement. In addition, good cause shall exist whenever:
(a) The farm equipment dealer has transferred an interest in the farm
equipment dealership without the manufacturer's consent, or there has been a
withdrawal from the dealership of an individual proprietor, partner, major
shareholder, or the manager of the dealership, or there has been a
substantial reduction in interest of a partner or major stockholder without
the consent of the manufacturer;
(b) the farm equipment dealer has filed a voluntary petition in
bankruptcy or has had an involuntary petition in bankruptcy filed against
it which has not been discharged within 30 days after the filing, or there
has been a closeout or sale of a substantial part of the dealer's assets
related to the farm equipment business, or there has been a commencement of
dissolution or liquidation of the dealer;
(c) there has been a change, without the prior written approval of the
manufacturer, in the location of the dealer's principal place of business
under the dealership agreement;
(d) the farm equipment dealer has defaulted under any chattel mortgage
or other security agreement between the dealer and the farm equipment
manufacturer, or there has been a revocation or discontinuance of any
guarantee of the dealer's present or future obligations to the farm
equipment manufacturer;
(e) the farm equipment dealer has failed to operate in the normal course
of business for seven consecutive days or has otherwise abandoned its business;
(f) the farm equipment dealer has pleaded guilty to or has been
convicted of a felony affecting the relationship between the dealer and manufacturer;
(g) the dealer has engaged in conduct which is injurious or detrimental
to the dealer's customers or to the public welfare;
(h) the farm equipment dealer has consistently failed to meet the
manufacturer's requirements for reasonable market penetration based on the
manufacturer's experience in other comparable marketing areas.