Sections
32 entriesSection 22900Establishes legislative findings only, declaring that equipment distribution, sales, and rental through independent dealers under supplier contracts materially affect the state economy,…Section 22901Defines key equipment-dealer terms, including dealer, supplier, equipment, inventory, good cause, family member, major shareholder, and net equipment cost. Defines major shareholder…Section 22902Prohibits suppliers from coercing dealers, unreasonably refusing delivery, terminating or materially changing contracts without good cause, discriminatory pricing, tying purchases, or penalizing…Section 22902.5Prohibits using the equipment-dealer chapter to offer or enforce a dealer-contract provision that requires minimum price fixing or otherwise limits competition. Allows…Section 22903Limits these termination rules to contracts between non-single-line dealers and suppliers, generally requiring 180 days’ written notice and 60 days to cure.…Section 22903.1Requires a supplier with approval authority to approve or deny a dealer’s transfer request within 60 days, after which silence means approval;…Section 22903.2Limits single-line dealer/supplier terminations by barring termination without good cause, including sale of at least 65 percent of business assets or seven…Section 22903.3Requires suppliers to decide warranty claims within 45 days, pay approved claims within 30 days, and allow 30-day resubmission; claims may be…Section 22904Requires suppliers annually to let dealers return surplus parts, generally through a return period of at least 90 days; absent notice within…Section 22905Requires suppliers, subject to a referenced exception, to repurchase inventory after dealer-contract termination; equipment under 50 hours may count as new. Sets…Section 22906Requires a dealer seeking this lien to first send certified written notice stating that charges are more than 90 days overdue, the…Section 22907Extends a notice of lien, except as otherwise provided in the act, for as long as the dealer remains unpaid for amounts…Section 22908Establishes that the lien created by the act is perfected and becomes effective when a notice claim of lien is filed with…Section 22909Requires an equipment-repurchase lien claim notice to identify the claimant, debtor, returned-equipment location, overdue charges, and lien status; state that reasonable or…Section 22910Requires a notice of claim of lien to be signed by the lien claimant or by a person authorized by the claimant.…Section 22911Requires an equipment-repurchase lien claim notice to use the Secretary of State's prescribed financing-statement form and be completed fully except for specified…Section 22912Requires a notice of claim of lien to be filed, indexed, and marked in the Secretary of State’s office in the same…Section 22913Requires an equipment-repurchase lien claimant to give the lien debtor written notice of the lien claim within 10 days after filing the…Section 22914Requires the Secretary of State to identify a notice filed under the equipment-repurchase-lien article as a financing statement for purposes of the…Section 22915Sets an equipment-repurchase lien's priority by when its claim notice is filed with the Secretary of State and gives it the same…Section 22916Allows any member of the public to obtain a Secretary of State certificate stating whether a lien and notice of claim of…Section 22917Allows a member of the public to obtain from the Secretary of State a copy of an equipment-repurchase-lien notice, including notices that…Section 22918Requires a lien claimant to give secured creditors written notice at least 30 days before enforcing a lien claim. Defines secured creditors…Section 22919Limits foreclosure of a lien created by the chapter to an action seeking recovery of the reasonable or agreed charges secured by…Section 22920Requires a lien claimant paid all amounts secured by the lien to send the lien debtor a statement relinquishing the security interest;…Section 22921Allows the holder of a lien created under the chapter to assign or transfer the lien with full enforcement rights. Requires the…Section 22922Sets equipment repurchase liens under Division 9 of the Commercial Code except where the act specifically provides otherwise, and defines secured party,…Section 22923Allows the Secretary of State to adopt regulations necessary to perform duties assigned under the chapter, including regulations prescribing required forms. Establishes…Section 22924Allows heirs of an intestate dealer or the executor of a testate dealer to require inventory repurchase after the dealer’s death or…Section 22925Allows a dealer to sue a supplier for damages caused by violating the chapter and recover costs and reasonable attorney's fees, and…Section 22926Establishes severability for the act so that an invalid provision or invalid application to a person or circumstance does not affect other…Section 22927Extends the act to continuing dealer contracts without expiration dates that are in effect on its effective date, and to all other…