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North Dakota Code 51-20.2-02 - Dealers may recover value of merchandise or parts from distributor in certain cases |
North Dakota Code > Title 51 > Chapter 51-20.2 > § 51-20.2-02 - Dealers may recover value of merchandise or parts from distributor in certain casesCurrent as of: 2009 1. Whenever: a. A distributor cancels or discontinues a contractual arrangement; or b. A dealer cancels or discontinues a contractual arrangement because the distributor entered into a contractual arrangement with another dealer to sell in the same geographical area for which the first dealer had an exclusive dealership, the dealer may recover from the distributor the net cost to the dealer of all new and unused merchandise, and parts for such merchandise, held by the dealer at the time of cancellation or discontinuance of the contractual arrangement. The dealer may enforce the right given under this section by civil action commenced in district court in the county where the dealer has the dealer's principal place of business in North Dakota. 2. The provisions of this section are supplemental to any contractual rights which the dealer may have with respect to reimbursement for merchandise and parts inventory held by the dealer at cancellation or discontinuance of a contractual arrangement. The dealer may elect to pursue the dealer's rights under the contractual arrangement and under this section, but the dealer's total recovery may not exceed the net cost of the merchandise and parts, plus freight costs for return of the merchandise and parts, remaining in the dealer's hands at the time of cancellation or discontinuance, plus legal costs awarded by the court.
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