Refusal to deliver vehicles prohibited

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    (a)    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)    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)    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)    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)    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.


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