Required provisions in agreements between distributors and dealers

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44-1557. Required provisions in agreements between distributors and dealers

Every agreement between a distributor and a dealer shall be in writing and contain:

1. In the absence of any express agreement, the dealer shall not be required to participate financially in the use of any premium, coupon, give-away, or rebate in the operation of his retail outlet, provided that the distributor may require the dealer to distribute to customers premiums, coupons or give-aways which are furnished to the dealer at the expense of the distributor.

2. The term of the initial agreement between the distributor and the dealer relating to specific premises shall not be less than one year and the term of all subsequent agreements between the distributor and the dealer shall not be for fewer than three years, provided that where the distributor is the lessee of the premises, this paragraph shall not be construed to require a term of greater duration than the remainder of the term to which the distributor is entitled under its lease, together with any renewal rights which the distributor may have, and further provided that notwithstanding any other provision of this article to the contrary a distributor may reserve the right to cancel such agreement without cause upon thirty days' notice during the first six months of the initial term thereof when no previous distributor-dealer relationship existed between the parties thereto. Agreements entered into by distributors who are not also engaged in the refining of gasoline may be for shorter terms.


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