Maine Revised Statutes Title 10: commerce and trade table of Contents Part general provisions 8
Parts or labor; satisfaction of warranty
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| Parts or labor; satisfaction of warranty. If a personal sports mobile franchisor requires or permits a personal sports mobile franchisee to perform labor or provide parts in satisfaction of a warranty created by the franchisor, the franchisor shall properly and promptly fulfill its warranty obligations and shall:
A. Reimburse the franchisee for any parts provided at the published manufacturer's suggested retail price at the time of retail sale; and [1997, c. 717, §4 (AMD).] B. Reimburse the franchisee for any labor performed at the retail rate customarily charged by that franchisee for the same labor when not performed in satisfaction of a warranty. The franchisee's rate for labor not performed in satisfaction of a warranty must be posted in a place conspicuous to its service customers. [1997, c. 473, §3 (NEW).] [ 1997, c. 717, §4 (AMD) .] 2. Claim. Any claim made by a franchisee for compensation for parts provided or for reimbursement for labor performed in satisfaction of a warranty must be paid within 30 days of its approval from the franchisor. All the claims must be either approved or disapproved within 30 days of their receipt. When any such claim is disapproved, the franchisee that submitted it must be notified in writing from the franchisor of its disapproval within that period, together with the specific reasons for its disapproval. [ 1997, c. 473, §3 (NEW) .] 3. Restrictions prohibited. A franchisor may not restrict by agreement, restriction upon reimbursement or otherwise the nature or extent of labor performed or parts provided so that the restriction impairs the franchisee's ability to satisfy a warranty created by the franchisor by performing labor in a professional manner or by providing parts required in accordance with generally accepted standards. [ 1997, c. 473, §3 (NEW) .] 4. Costs; fees. In any claim that is disapproved by the manufacturer and in which the dealer brings legal action to collect the disapproved claim and is successful in the action, the court shall award the dealer the cost of the action together with reasonable attorney's fees. Reasonable attorney's fees must be determined by the value of the time reasonably expended by the attorney and not by the amount of the recovery on behalf of the dealer. [ 1997, c. 473, §3 (NEW) .] SECTION HISTORY 1997, c. 473, §3 (NEW). 1997, c. 717, §4 (AMD). §1249. UNREASONABLE RESTRICTIONS It is unlawful directly or indirectly to impose unreasonable restrictions on a personal sports mobile dealer or franchisee relative to transfer; sale; right to renew; termination; discipline; noncompetition covenants; site-contracts whether by sublease, collateral pledge of lot purchase or option to purchase; compliance with subjective standards; or assertion of legal or equitable rights. [1997, c. 473, §3 (NEW).] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250. COVERED UNDER WRITTEN OR ORAL AGREEMENTS 1. Agreements subject to this chapter. Written or oral agreements between a manufacturer, wholesaler or distributor with a personal sports mobile dealer, including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts and all other such agreements in which the manufacturer, wholesaler or distributor has any direct or indirect interest, are subject to this chapter. [ 1997, c. 473, §3 (NEW) .] 2. Copy of agreement or amendments. Before any new selling agreement or any amendment to that selling agreement between the parties becomes effective, the manufacturer or an officer, agent or other representative of that manufacturer shall, 90 days prior to the effective date of the agreement or amendment, forward a copy of the agreement or amendment to the dealer. [ 1997, c. 473, §3 (NEW) .] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250-A. FRANCHISE INTEREST; VESTED RIGHTS Notwithstanding any other provision of law, it is unlawful for the manufacturer, wholesaler, distributor or franchisor without due cause to fail to renew a franchise on terms then equally available to all its personal sports mobile dealers, to terminate a franchise or to restrict the transfer of a franchise unless the franchisee receives fair and reasonable compensation for the value of the business. [1997, c. 473, §3 (NEW).] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250-B. FRANCHISEE'S RIGHT TO ASSOCIATE Any franchisee has the right of free association with other franchisees for any lawful purpose. [1997, c. 473, §3 (NEW).] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250-C. DISCOUNTS AND OTHER INDUCEMENTS In connection with a sale of a personal sports mobile or mobiles to the State or to any political subdivision of the State, a manufacturer may not offer any discounts, refunds or any other similar type of inducement to any dealer without making the same offer or offers to all its dealers within the relevant market area. If such inducements are made, the manufacturer, distributor or wholesaler shall give simultaneous notice of those inducements to all of its dealers within the relevant market area. [1997, c. 473, §3 (NEW).] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250-D. PUBLIC POLICY Any contract or part of a contract or practice under a contract in violation of any provision of this chapter is against public policy and is void and unenforceable. Any existing contract or part of a contract or practice under a contract in violation of any provision of this chapter is against public policy and is void and unenforceable to the extent that it is in conflict with this chapter. [1997, c. 473, §3 (NEW).] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250-E. ADVERTISEMENTS Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale or has business dealings with respect to a personal sports mobile within the State is subject to this chapter. [1997, c. 473, §3 (NEW).] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250-F. CIVIL REMEDIES 1. Civil remedies. A franchisee or personal sports mobile dealer who suffers financial loss of money or property, real or personal, or who has otherwise been adversely affected as a result of an unfair method of competition, an unfair or deceptive act or a violation of a provision of this chapter may bring an action for damages and equitable relief, including injunctive relief. When the franchisee or dealer prevails, the court shall award attorney's fees to the franchisee or dealer regardless of the amount in controversy and assess costs against the opposing party. A final judgment, order or decree rendered against a person in a civil or administrative proceeding under this chapter or in a civil, criminal or administrative proceeding under the federal antitrust laws, the Federal Trade Commission Act, or any other part of the Maine Revised Statutes is prima facie evidence against that person subject to the conditions set forth in the federal antitrust laws, 15 United States Code, Section 16. [ 2001, c. 246, §2 (AMD) .] SECTION HISTORY 1997, c. 473, §3 (NEW). 1997, c. 717, §5 (AMD). 2001, c. 246, §2 (AMD). §1250-G. STATUTE OF LIMITATION Actions arising out of any provision of this chapter must be commenced within 4 years after the cause of action accrues; however, if a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of the cause of action by the person so entitled is excluded in determining the time limited for commencement of the action. If a cause of action accrues during the pendency of any civil, criminal or administrative proceeding against a person brought by the United States or any of its agencies under the antitrust laws, the Federal Trade Commission Act or any other federal Act or the laws of Maine related to antitrust laws or to franchising, that action may be commenced within one year after the final disposition of that civil, criminal or administrative proceeding. [1997, c. 473, §3 (NEW).] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250-H. CONSTRUCTION In construing this chapter the courts may be guided by the interpretations of the Federal Trade Commission Act, 15 United States Code, Section 45, as amended. [1997, c. 473, §3 (NEW).] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250-I. JURISDICTION Any person who violates any provision of this chapter is subject to the jurisdiction of the courts of this State upon service of process in accordance with Title 14, chapter 203 and consistent with the maximum limits of due process as decided by the United States Supreme Court. [1997, c. 473, §3 (NEW).] SECTION HISTORY 1997, c. 473, §3 (NEW). §1250-J. PENALTY (REPEALED) SECTION HISTORY 1997, c. 473, §3 (NEW). 1997, c. 717, §6 (RP).
SECTION HISTORY 2001, c. 387, §1 (NEW). 2001, c. 616, §5 (RP). Chapter 206-C: MISREPRESENTATION OF BUSINESS NAMES §1250-L. LOCALE MISREPRESENTATION 1. General prohibition. Except as provided in subsection 2, a business offering consumer goods for sale in this State may not advertise or cause to be listed in a telephone directory a business name that: A. Is intentionally designed to misrepresent where the business is located or operating; or [2003, c. 647, §1 (NEW).] B. Falsely identifies the business as being located or operating in the area covered by the telephone directory. [2003, c. 647, §1 (NEW).] Each day a violation continues constitutes a separate offense until all numbers listed in the directory or advertisement in association with the prohibited business name are disabled so that calls to the numbers do not in any way connect callers to the business. [ 2003, c. 647, §1 (NEW) .]
A. A telephone service provider or the publisher or distributor of a telephone service directory, unless the conduct proscribed by subsection 1 is on behalf of that telephone service provider, publisher or distributor; or [2003, c. 647, §1 (NEW).] B. Any foreign corporation, the stock of which is traded on a national stock exchange and that has gross annual revenues in excess of $100,000,000. [2003, c. 647, §1 (NEW).] [ 2003, c. 647, §1 (NEW) .] 3. Violation. A person who violates this section commits a civil violation for which a fine of not less than $500 nor more than $1,000 may be adjudged. [ 2003, c. 647, §1 (NEW) .] SECTION HISTORY 2003, c. 647, §1 (NEW). Chapter 207: TRADING STAMPS
SECTION HISTORY 1979, c. 541, §A93 (AMD). 1991, c. 837, §A23 (RP).
SECTION HISTORY 1991, c. 837, §A23 (RP).
SECTION HISTORY 1991, c. 837, §A23 (RP).
SECTION HISTORY 1981, c. 470, §§A26-A28 (AMD). 1991, c. 837, §A23 (RP).
SECTION HISTORY 1991, c. 837, §A23 (RP).
SECTION HISTORY 1991, c. 837, §A23 (RP). Chapter 208: UNLAWFUL COPYING §1261. TRANSFER OF RECORDED SOUNDS FOR UNLAWFUL USE; SALE 1. Transfers. Every person who knowingly and willfully transfers or causes to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, with intent to sell or cause to be sold, or to use or cause to be used for profit through public performance, such article on which such sounds are so transferred, without the consent of the owner, shall be punished by a fine of not less than $500 nor more than $5,000 for each such offense. [ 1975, c. 88, (NEW) .] 2. Advertising and sale. Every person who advertises, offers for sale or sells any article described in subsection 1 with the knowledge that the sounds thereon have been so transferred without the consent of the owner shall be punished by a fine of not less than $50 nor more than $500 for each such offense. [ 1975, c. 88, (NEW) .] 3. Definition of person and owner. As used in this section, "person" means any individual, partnership, corporation or association; and "owner" means the person who owns the master phonograph record, master disc, master tape, master file or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived. [ 1975, c. 88, (NEW) .] 4. Civil remedies unaffected. This section shall neither enlarge nor diminish civil remedies of the State or of parties injured by practices prohibited by this section. [ 1975, c. 88, (NEW) .] 5. Application. This section does not apply to any person engaged in radio or television broadcasting who transfers or causes to be transferred any recorded sounds as described in subsection 1, other than from the sound track of a motion picture, intended for, or in connection with, broadcast transmission or related uses or for archival purposes. This section does not apply to any person who transfers or causes to be transferred any recorded sounds as described in subsection 1 for private use and with no purpose of capitalizing commercially on such reproduction. [ 1975, c. 88, (NEW) .] SECTION HISTORY 1975, c. 88, (NEW). Chapter 208-A: PROTECTION OF SOCIAL SECURITY NUMBERS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1993, c. 115, §1 (NEW).] 1. Credit card. "Credit card" means a card, plate, coupon book or other single credit device that may be used to obtain credit. [ 1993, c. 115, §1 (NEW) .] 2. Customer service card. "Customer service card" means a card, plate, code or other device used by a business as a means of identifying customers who receive membership, purchasing or check-cashing privileges, or other rights or privileges by possession and use of that device. [ 1993, c. 115, §1 (NEW) .] 3. Debit card. "Debit card" means a card, code or other device, other than a check, draft or similar paper instrument, by the use of which a person may institute an electronic fund transfer. §1271. Definitions (As enacted by PL 1993, c. 683, Pt. B, §1 was REPEALED by PL 1995, c. 462, Pt. A, §21) [ 1993, c. 115, §1 (NEW) .] SECTION HISTORY 1993, c. 115, §1 (NEW). 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP). §1272. PROHIBITION A business operating in this State may not display a social security number on a credit card, customer service card or debit card issued or distributed by that business on or after January 1, 1994. [1993, c. 115, §1 (NEW).] Notwithstanding this section, social security numbers may be used as identification for medical insurance, including health insurance, dental insurance or prescription drug coverage, except that a number other than a social security number must be used for insurance-related identification purposes upon the written request of an individual. [1995, c. 134, §1 (NEW).]
SECTION HISTORY 1993, c. 115, §1 (NEW). 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 134, §1 (AMD). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 533, §1 (NEW). 1995, c. 134, §2 (RP).
[ 2003, c. 512, §1 (NEW) .] 2. Exemptions. This section does not apply to: A. A person, corporation or other entity requesting disclosure of the social security number to obtain a consumer report for any purpose permitted under the Fair Credit Reporting Act or the United States Fair Credit Reporting Act; [2003, c. 512, §1 (NEW).] B. A supervised lender as defined in Title 9-A, section 1-301; [2003, c. 512, §1 (NEW).] C. A supervised financial organization as defined in Title 9-A, section 1-301; [2003, c. 512, §1 (NEW).] D. An affiliate or subsidiary of a supervised lender as defined in Title 9-A, section 1-301 or of a supervised financial organization as defined in Title 9-A, section 1-301; [2003, c. 512, §1 (NEW).] E. A person, corporation or other entity that provides goods or services to the individual on behalf of or in conjunction with a supervised financial organization as defined in Title 9-A, section 1-301; [2003, c. 512, §1 (NEW).] F. A person, corporation or other entity engaged in the business of insurance and all acts necessary or incidental to that business including insurance applications, enrollment, coverage and claims; [2003, c. 512, §1 (NEW).] G. A person, corporation or other entity if the social security number is used in conjunction with the provision of and billing for health care or pharmaceutical-related services, including the issuance of identification cards and account numbers for users of health care or pharmaceutical-related services; [2003, c. 512, §1 (NEW).] H. A person, corporation or other entity if the social security number is used in conjunction with a background check of the individual conducted by a landlord, lessor, employer or volunteer service organization; or [2003, c. 512, §1 (NEW).] I. A person, corporation or other entity if the social security number is necessary to verify the identity of the individual to effect, administer or enforce a specific transaction requested or authorized by the individual or to prevent fraud. [2003, c. 512, §1 (NEW).] [ 2003, c. 512, §1 (NEW) .] SECTION HISTORY 2003, c. 512, §1 (NEW).
The Director of Consumer Credit Regulation may take appropriate action to ensure compliance with this chapter, including without limitation: to receive and act on complaints; negotiate an assurance in writing that a violator will not engage in the same or similar conduct in the future; conduct hearings in accordance with the Maine Administrative Procedure Act and issue a cease and desist order for violation of this chapter; refer cases to the Attorney General, who may bring a civil action against a person for knowingly violating a written assurance of discontinuance. If a court finds a violation of this chapter it may assess a civil forfeiture of not more than $1,000. [1993, c. 115, §1 (NEW); 1995, c. 309, §27 (AMD).] §1273. Notice of termination of dealer agreements (As enacted by PL 1993, c. 683, Pt. B, §1 was REPEALED by PL 1995, c. 462, Pt. A, §21) SECTION HISTORY 1993, c. 115, §1 (NEW). 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 309, §27 (AMD). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP).
SECTION HISTORY 1993, c. 683, §B1 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 462, §A23 (AFF). 1995, c. 462, §A21 (RP). Chapter 208-B: FARM MACHINERY, FORESTRY EQUIPMENT, CONSTRUCTION EQUIPMENT AND INDUSTRIAL EQUIPMENT DEALERSHIPS §1285. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 462, Pt. A, §22 (NEW); 1995, c. 462, Pt. A, §23 (AFF).] 1. Current net price. "Current net price" means the price listed in the supplier's price list or catalog in effect at the time the dealer agreement is terminated, less any applicable discounts allowed. [ 1995, c. 462, Pt. A, §22 (NEW); 1995, c. 462, Pt. A, §23 (AFF) .] 2. Dealer. "Dealer" means a person, corporation or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories and repair parts. "Dealer" does not include a person, corporation or partnership primarily engaged in the retail sale of all-terrain vehicles or motorcycles. "Dealer" does not include a single-line dealer as defined in subsection 5-A. [ 2011, c. 236, §1 (AMD); 2011, c. 236, §18 (AFF) .] 3. Dealer agreement. "Dealer agreement" means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer or distributor by which the dealer is granted the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype or advertising or other commercial symbol. [ 1995, c. 462, Pt. A, §22 (NEW); 1995, c. 462, Pt. A, §23 (AFF) .] 4. Inventory. "Inventory" means farm, forestry, utility or industrial equipment, construction equipment, implements, machinery, yard and garden equipment, attachments or repair parts. [ 2011, c. 236, §2 (AMD); 2011, c. 236, §18 (AFF) .] 5. Net cost. "Net cost" means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location, plus reasonable cost of assembly or disassembly performed by the dealer. [ 1995, c. 462, Pt. A, §22 (NEW); 1995, c. 462, Pt. A, §23 (AFF) .] 5-A. Single-line dealer. "Single-line dealer" means a person, corporation or partnership engaged in retail sales that: A. Has purchased 75% or more of total new product inventory from a single supplier; and [2011, c. 236, §3 (NEW); 2011, c. 236, §18 (AFF).] B. Has a total annual average sales volume for the previous 3 years in excess of $100,000,000 for the entire territory subject to the agreement with the supplier. [2011, c. 236, §3 (NEW); 2011, c. 236, §18 (AFF).] [ 2011, c. 236, §3 (NEW); 2011, c. 236, §18 (AFF) .] 6. Supplier. "Supplier" means a wholesaler, manufacturer or distributor of inventory as defined in this chapter who enters into a dealer agreement with a dealer. [ 1995, c. 462, Pt. A, §22 (NEW); 1995, c. 462, Pt. A, §23 (AFF) .] 7. Termination. "Termination" of a dealer agreement means the cancellation, nonrenewal or noncontinuance of the agreement. [ 1995, c. 462, Pt. A, §22 (NEW); 1995, c. 462, Pt. A, §23 (AFF) .] SECTION HISTORY 1995, c. 462, §A22 (NEW). 1995, c. 462, §A23 (AFF). 2011, c. 236, §§1-3 (AMD). 2011, c. 236, §18 (AFF). Directory: statutes statutes -> Maine Revised Statutes Title 38: waters and navigation chapter 3: protection and improvement of waters statutes -> Maine Revised Statutes Title 10: commerce and trade chapter 206-B: personal sports mobile manufacturers, distributors and dealers statutes -> Maine Revised Statutes Title 36: taxation chapter 111: aircraft, house trailers and motor vehicles §1481. Definitions statutes -> Title 12: conservation chapter 611: salmon commission table of Contents Part marine resources statutes -> Article 1 in general 35 1 101. Local contributions; disposition statutes -> §90-B. Address confidentiality program definitions Download 5.38 Mb. Share with your friends:
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