407.1364. 1. Except as provided in this section, a boat, marine,vessel, or personal watercraft manufacturer shall provide a boat, marine,vessel, or personal watercraft dealer at least ninety days' prior writtennotice of termination, cancellation, or nonrenewal of the dealershipagreement. The notice shall state all the reasons for termination,cancellation, or nonrenewal of the dealership agreement and shall providethe said dealer the aforesaid ninety days in which to cure any claimeddeficiency. If the deficiency is rectified within the aforesaid ninetydays, the manufacturer's notice shall be void. However, if the dealerfails to provide the notice of intent to cure deficiencies in theprescribed time period, the termination shall take effect sixty days afterthe dealer's receipt of the manufacturer's notice unless the dealer has newand untitled inventory on hand, in which case, if requested by the dealer,it will take effect upon the sale of the remaining inventory but in noevent later than ninety days from the manufacturer's notice of termination.
2. The notice and right to cure provisions in this section shall notapply if the reason for termination, cancellation, or nonrenewal is forgood cause as defined in section 407.1360.
3. A dealer may terminate its dealer agreement at any time by givingwritten notice of said intentions to the manufacturer at least ninety daysprior to the effective date specified for termination.
4. The ninety-day notice may be reduced to sixty days' notice if thegrounds for termination are due to:
(1) Conviction of or pleas of nolo contendere to a felony of adealer, or one of its owners;
(2) The business operations of the dealer have been abandoned orclosed for thirty consecutive days unless the closing is due to an act ofGod or other cause over which the dealer has no control;
(3) A material misrepresentation by the dealer; or
(4) The suspension, revocation, or refusal to renew the dealer'slicense.
5. The provisions of this section regarding notice shall not apply ifthe reason for termination is insolvency, the occurrence of an assignmentfor the benefit of creditors, or bankruptcy.
407.1364. 1. Except as provided in this section, a boat, marine,vessel, or personal watercraft manufacturer shall provide a boat, marine,vessel, or personal watercraft dealer at least ninety days' prior writtennotice of termination, cancellation, or nonrenewal of the dealershipagreement. The notice shall state all the reasons for termination,cancellation, or nonrenewal of the dealership agreement and shall providethe said dealer the aforesaid ninety days in which to cure any claimeddeficiency. If the deficiency is rectified within the aforesaid ninetydays, the manufacturer's notice shall be void. However, if the dealerfails to provide the notice of intent to cure deficiencies in theprescribed time period, the termination shall take effect sixty days afterthe dealer's receipt of the manufacturer's notice unless the dealer has newand untitled inventory on hand, in which case, if requested by the dealer,it will take effect upon the sale of the remaining inventory but in noevent later than ninety days from the manufacturer's notice of termination.
2. The notice and right to cure provisions in this section shall notapply if the reason for termination, cancellation, or nonrenewal is forgood cause as defined in section 407.1360.
3. A dealer may terminate its dealer agreement at any time by givingwritten notice of said intentions to the manufacturer at least ninety daysprior to the effective date specified for termination.
4. The ninety-day notice may be reduced to sixty days' notice if thegrounds for termination are due to:
(1) Conviction of or pleas of nolo contendere to a felony of adealer, or one of its owners;
(2) The business operations of the dealer have been abandoned orclosed for thirty consecutive days unless the closing is due to an act ofGod or other cause over which the dealer has no control;
(3) A material misrepresentation by the dealer; or
(4) The suspension, revocation, or refusal to renew the dealer'slicense.
5. The provisions of this section regarding notice shall not apply ifthe reason for termination is insolvency, the occurrence of an assignmentfor the benefit of creditors, or bankruptcy.
407.1364. 1. Except as provided in this section, a boat, marine,vessel, or personal watercraft manufacturer shall provide a boat, marine,vessel, or personal watercraft dealer at least ninety days' prior writtennotice of termination, cancellation, or nonrenewal of the dealershipagreement. The notice shall state all the reasons for termination,cancellation, or nonrenewal of the dealership agreement and shall providethe said dealer the aforesaid ninety days in which to cure any claimeddeficiency. If the deficiency is rectified within the aforesaid ninetydays, the manufacturer's notice shall be void. However, if the dealerfails to provide the notice of intent to cure deficiencies in theprescribed time period, the termination shall take effect sixty days afterthe dealer's receipt of the manufacturer's notice unless the dealer has newand untitled inventory on hand, in which case, if requested by the dealer,it will take effect upon the sale of the remaining inventory but in noevent later than ninety days from the manufacturer's notice of termination.
2. The notice and right to cure provisions in this section shall notapply if the reason for termination, cancellation, or nonrenewal is forgood cause as defined in section 407.1360.
3. A dealer may terminate its dealer agreement at any time by givingwritten notice of said intentions to the manufacturer at least ninety daysprior to the effective date specified for termination.
4. The ninety-day notice may be reduced to sixty days' notice if thegrounds for termination are due to:
(1) Conviction of or pleas of nolo contendere to a felony of adealer, or one of its owners;
(2) The business operations of the dealer have been abandoned orclosed for thirty consecutive days unless the closing is due to an act ofGod or other cause over which the dealer has no control;
(3) A material misrepresentation by the dealer; or
(4) The suspension, revocation, or refusal to renew the dealer'slicense.
5. The provisions of this section regarding notice shall not apply ifthe reason for termination is insolvency, the occurrence of an assignmentfor the benefit of creditors, or bankruptcy.
