Terms Used In Vermont Statutes Title 9 Sec. 4079

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person primarily engaged in the business of retail sales of inventory. See
  • Dealer agreement: means a written or oral agreement between a dealer and a supplier by which the supplier gives the dealer 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. See
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See

§ 4079. Remedies

(a) A person damaged as a result of a violation of this chapter may bring an action against the violator in a Vermont court of competent jurisdiction for damages, together with the actual costs of the action, including reasonable attorney’s fees, injunctive relief against unlawful termination or substantial change of competitive circumstances, and such other relief as the court deems appropriate.

(b) A provision in a dealer agreement that purports to deny access to the procedures, forums, or remedies provided by the laws of this State is void and unenforceable.

(c) Notwithstanding subsection (b) of this section, a dealer agreement may include a provision for binding arbitration of disputes. Any arbitration shall be consistent with the provisions of this chapter and 12 Vt. Stat. Ann. chapter 192, and the place of any arbitration shall be in the county in which the dealer’s principal place of business is maintained in this State. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2001, No. 86 (Adj. Sess.), § 3, eff. May 2, 2002; 2015, No. 142 (Adj. Sess.), § 2.)