Title 10, Chapter 1, Section 733
( 10-1-733)
(a) Except as provided in subsection (d) of this Code section, a
supplier shall provide a multiline dealer at least 120 days' prior
written notice of any intention to amend, terminate, cancel, or
decline to renew any agreement. The notice shall state all the
reasons for the intended amendment, termination, cancellation, or
nonrenewal. (b) Where such reason or reasons relate to a condition or conditions
which may be rectified by action of the multiline dealer, he shall
have 75 days in which to take such action and, within such 75 day
period, shall give written notice to the supplier if and when such
action is taken. If such condition or conditions have been
rectified by action of the multiline dealer, then the proposed
amendment, termination, cancellation, or nonrenewal shall be void
and without legal effect. However, where the supplier contends that
action on the part of the multiline dealer has not rectified one or
more of such conditions, such supplier must give written notice
thereof to the multiline dealer within 15 days after the dealer gave
notice to the supplier of the action taken. (c) During the 120 day notice period provided for in subsection (a)
of this Code section, the multiline dealer shall have the right to
contract for a transfer of his or her business to another person who
meets the material and reasonable qualifications and standards
required by the supplier of its multiline dealers. The multiline
dealer shall give notice of any such transfer to the supplier at
least 45 days prior to the expiration of the 120 day notice period. (d) An agreement may be immediately terminated, amended, canceled,
or allowed to expire and no notice shall be required if the reason
for the amendment, termination, cancellation, or nonrenewal is: (1) The bankruptcy or receivership of the multiline dealer; (2) An assignment for the benefit of the creditors or similar
disposition of the assets of the business, other than the creation
of a security interest in the assets of a multiline dealer for the
purpose of securing financing in the ordinary course of business; (3) Willful or intentional misrepresentation made by the multiline
dealer with the express intent to defraud the supplier; (4) Failure of the multiline dealer to conduct its customary sales
and service operations during its customary business hours for
seven consecutive business days, unless such failure has resulted
from acts of God, casualties, strikes, or other similar
circumstances beyond the multiline dealer's reasonable control; (5) Failure to pay any undisputed amount due the supplier
continuing for 30 days after written notice thereof; or (6) A final conviction of the multiline dealer of a felony. |