2013 Vermont Statutes
Title 09 Commerce and Trade
Chapter 107 MACHINERY DEALERSHIPS
§ 4072 Notice of termination of dealer agreements
4072. Notice of termination of dealer agreements
(a) Notwithstanding any agreement to the contrary, prior to the termination of a dealer agreement, a supplier shall notify the dealer of the termination not less than 120 days prior to the effective date of the termination. No supplier may terminate, cancel or fail to renew a dealership agreement without cause. "Cause" means failure by an equipment dealer to comply with the requirements imposed upon the equipment dealer by the dealer agreement, provided the requirements are not substantially different from those requirements imposed upon other similarly situated equipment dealers in this state.
(b) The supplier may immediately terminate the agreement at any time upon the occurrence of any of the following events which in addition to the above definition of cause, are also cause for termination, cancellation, or failure to renew a dealership agreement:
(1) The filing of a petition for bankruptcy or for receivership either by or against the dealer.
(2) The making by the dealer of an intentional and material misrepresentation as to the dealer's financial status.
(3) Any default by the dealer under a chattel mortgage or other security agreement between the dealer and the supplier.
(4) The commencement of voluntary or involuntary dissolution or liquidation of the dealer if the dealer is a partnership or corporation.
(5) A change or additions in location of the dealer's place of business as provided in the agreement without the prior written approval of the supplier.
(6) Withdrawal of an individual proprietor, partner, major shareholder or the involuntary termination of the manager of the dealership or a substantial reduction in the interest of a partner or major shareholder without the prior written consent of the supplier.
(c) Unless there is an agreement to the contrary, a dealer who intends to terminate a dealer agreement with a supplier shall notify the supplier of that intent not less than 120 days prior to the effective date of termination.
(d) Notification required by this section shall be in writing and shall be made by certified mail or by personal delivery and shall contain:
(1) A statement of intention to terminate the dealer agreement.
(2) A statement of the reasons for the termination.
(3) The date on which the termination shall be effective. (Added 1993, No. 113 (Adj. Sess.), 1, eff. March 4, 1994.)
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