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      RS 51:483     


§483. Violations; civil remedies

            A. It shall be a violation of this Part for an agent to:

            (1) Coerce any dealers to accept delivery of equipment parts or accessories which the dealer has not ordered voluntarily, or to seek payment for any such equipment parts or accessories, or their return.

            (2) Condition the sale of equipment on a dealer also purchasing other goods or services; except that an agent may require the dealer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area and to purchase and lease such telecommunication equipment as is substantially and reasonably necessary to communicate with the agent.

            (3) Coerce a dealer into refusing to purchase an agent's equipment manufactured by another agent.

            (4) Attempt or threaten to terminate, cancel or fail to renew or substantially change the competitive circumstances of the dealership agreement based on the result of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute, or other similar circumstances beyond the dealer's control.

            (5) In connection with an incentive agreement, impose on the dealer:

            (a) The burden of proof regarding the terms of the agreement, including the establishment of the location of a piece of equipment's first substantial use.

            (b) A penalty for the sale of equipment if the first substantial use is in a location outside the dealer's area of responsibility for agricultural sales, regardless of the location of the seller, or of the customer's residence, office, or operating base.

            B.(1) A dealer may bring an action for civil damages in a court of competent jurisdiction against any agent found violating the provisions of this Section, and may recover the damages sustained as a consequence of the agent's violations, together with all costs and attorney fees.

            (2) The dealer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances. In any action by the dealer for injunctive relief for a violation of this Section, irreparable harm shall be presumed. The remedies in this Section are in addition to any other remedies permitted by law.

            Acts 1991, No. 627, §1; Acts 2021, No. 359, §1.

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