Venue; Equitable Relief; Recovery of Losses and Damages for Violation of Code Sections 10-1-732 and 10-1-734; When Supplier May Not Cancel, Terminate, or Refuse to Renew Agreement

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Multiline Heavy Equipment Dealers
  6. Venue; Equitable Relief; Recovery of Losses and Damages for Violation of Code Sections 10-1-732 and 10-1-734; When Supplier May Not Cancel, Terminate, or Refuse to Renew Agreement

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  1. Venue to hear and determine cases and controversies arising under the provisions of this article shall be in the superior court of the county wherein the multiline dealer has its principal place of business.The court may grant equitable relief as is necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this article, including, but not limited to, declaratory judgment and injunctive relief.
  2. In addition to any other remedies available at law or in equity, if a supplier has attempted or accomplished an annulment, cancellation, or termination or has refused to continue or renew an agreement without good cause or has withheld or delayed consent in violation of Code Section 10-1-732 or Code Section 10-1-734, then the multiline dealer shall be entitled to recover losses and damages, both general and special, proximately resulting therefrom, together with the costs of the action and reasonable legal fees. Such damages shall include compensation for the value of the agreement and the loss of good will of the multiline dealer's business, if any, arising therefrom.
  3. No supplier may cancel, terminate, or refuse to continue to renew an agreement during the period set forth in this article or during the pendency of litigation or arbitration with respect thereto except under the conditions set forth in subsection (d) of Code Section 10-1-733.

(Code 1981, §10-1-739, enacted by Ga. L. 1993, p. 1585, § 3.)


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