Section 15-208 - Refusal to deliver vehicles prohibited.
§ 15-208. Refusal to deliver vehicles prohibited.
(a) Manufacturers.- A manufacturer may not refuse to deliver new motor vehicles, new two-stage vehicles, or truck component parts, as the case may be, to a licensed dealer or distributor, in reasonable quantities and within a reasonable time after receipt of a written order, if:
(1) The manufacturer specifically advertises that these vehicles or truck component parts are available for immediate delivery; and
(2) The dealer or distributor has a franchise or other contract with the manufacturer for the sale of these vehicles or truck component parts to the public.
(b) Distributors.- A distributor may not refuse to deliver new motor vehicles, or new two-stage vehicles, as the case may be, to a licensed dealer, in reasonable quantities and within a reasonable time after receipt of a written order, if:
(1) The distributor specifically advertises that these vehicles are available for immediate delivery; and
(2) The dealer has a franchise or other contract with the distributor for the sale of these vehicles to the public.
(c) Factory branches.- A factory branch may not refuse to deliver new motor vehicles, or new two-stage vehicles, as the case may be, to a licensed dealer, in reasonable quantities and within a reasonable time after receipt of a written order, if:
(1) The factory branch specifically advertises that these vehicles are available for immediate delivery; and
(2) The dealer has a franchise or other contract with the factory branch for the sale of these vehicles to the public.
(d) Exceptions.- A failure to deliver vehicles because of a labor strike, government regulation, or other cause not the fault of the manufacturer, distributor, or factory branch is not a violation of this section.
(e) Rights of dealers under contract for sale of vehicle or truck component parts.- If a dealer has a franchise or other contract with a manufacturer, distributor, or factory branch for the sale of vehicles or truck component parts of a specific line or make, the manufacturer, distributor, or factory branch shall allow the dealer to:
(1) Purchase the vehicles or truck component parts at the same price and on the same terms as all other dealers with a franchise or other contract for the sale of vehicles or truck component parts of the same line or make; and
(2) Receive the same right to incentive payments that is given to all other dealers with a franchise or other contract for the sale of vehicles or truck component parts of the same line or make.
[An. Code 1957, art. 661/2, § 5-706; 1977, ch. 14, § 2; 1979, ch. 299; 1986, ch. 472, § 1; 1995, ch. 629; 2009, ch. 747.]