Terms Used In Vermont Statutes Title 9 Sec. 4108

  • Agreement: is a ny written agreement between a petroleum supplier and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the supplier. See
  • Dealer: means any person who is not a petroleum supplier engaged in the retail sale of gasoline to the motoring public in the State under agreements entered into with a petroleum supplier. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, two or more of the foregoing having a joint or common interest, or any other legal or commercial entity. See
  • Supplier: means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets. See

§ 4108. Void agreement provisions

Any of the following provisions in an agreement or lease, if one is included, whether oral or written, between a supplier and dealer, shall be void as against public policy, except as otherwise provided in this chapter:

(1) Provisions requiring a dealer to take part in any advertising or promotional campaigns that will require the dealer to accept any posters, stamps, tickets, gifts, bonuses, premiums, or any other promotional items unless agreed to in writing by the dealer.

(2) Provisions requiring a dealer to purchase any products of the supplier other than gasoline, diesel fuel, lubricants, or greases. The dealer may, however, agree to accept such products on consignment, but not exclusive as to like products.

(3) Provisions requiring a dealer to assent to any release, assignment, novation, waiver, or estoppel that would relieve any person from liability imposed by this chapter. (Added 1975, No. 83, § 1; amended 2021, No. 20, § 40.)