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Rs 32:1270.17 Requirements Upon Termination; Penalty; Indemnity; Motorcycle Or All-Terrain Vehicle Dealers

§1270.17. Requirements upon termination; penalty; indemnity; motorcycle or all-terrain

vehicle dealers

A.(1) In the event the licensee ceases to engage in the business of being a motorcycle

dealer or all-terrain vehicle dealer, or ceases to sell a particular make of motorcycle or all-terrain vehicle and after notice to the manufacturer, converter, distributor, or representative

by certified mail or commercial delivery service with verification of receipt, within thirty

days of the receipt of the notice by the manufacturer, converter, distributor, or representative,

the manufacturer, converter, distributor, or representative shall repurchase:

(a) All new motorcycles or all-terrain vehicles of the current and last prior model

year delivered to the licensee and parts on hand that have not been damaged or substantially

altered to the prejudice of the manufacturer while in the possession of the licensee. As to

motorcycle or all-terrain vehicle dealers, the repurchase of parts shall be limited to those

listed in the manufacturer's price book. The motorcycle or all-terrain vehicles and parts shall

be repurchased at the cost to the licensee which shall include without limitation freight and

advertising costs, less all allowances paid to the motorcycle or all-terrain vehicle dealer.

(b) At fair market value, each undamaged sign owned by the motorcycle or all-terrain

vehicle dealer which bears a trademark or trade name used or claimed by the manufacturer,

converter, distributor, or representative if the sign was purchased from or purchased at the

request of the manufacturer, distributor, or representative. Fair market value shall be no less

than cost of acquisition of the sign by the motorcycle or all-terrain vehicle dealer.

(c) At fair market value, all special tools and service equipment owned by the

motorcycle dealer or all-terrain vehicle dealer which were recommended in writing and

designated as special tools and equipment and purchased from or purchased at the request

of the manufacturer, converter, distributor, or representative, if the tools and equipment are

in usable and good condition except for reasonable wear and tear. Fair market value shall be

no less than cost of acquisition of special tools and service equipment by the motorcycle

dealer or all-terrain vehicle dealer.

(2) The manufacturer, converter, distributor, or representative shall pay to the

motorcycle or all-terrain vehicle dealer the costs of transporting, handling, packing, and

loading of motorcycles or all-terrain vehicles, or parts, signs, tools, and equipment subject

to repurchase.

(3) The manufacturer or converter shall make the required repurchase after the dealer

terminates his franchise and within sixty days of the submission to it, by certified mail, return

receipt requested, or commercial delivery service with verification of receipt, of a final

inventory of motorcycles, all-terrain vehicles, and parts on hand.

B. Failure to make the repurchase without just cause shall subject the manufacturer

or converter to a penalty of one and one-half percent per month, or fraction thereof, of the

inventory value or returnable motorcycles or all-terrain vehicles, and parts, signs, special

tools, and service equipment, payable to the dealer, as long as the repurchase is not made.

Acts 2012, No. 326, §1; Acts 2015, No. 435, §1.

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Local Government
Louisiana
3
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
motor
dealer
terrain
manufacturer
vehicle
motorcycle
equipment
cost
licensee
vehicles