A. A dealer or distributor may bring an action against the other for violation of any provision of the franchise and may recover the damages sustained.

Terms Used In Arizona Laws 44-1559

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person engaged in the retail sale of petroleum products supplied under a distributorship, franchise or other agreement, entered into with a distributor. See Arizona Laws 44-1551
  • Distributor: means any person engaged in the sale, consignment or other distribution of petroleum products to dealers at retail outlets serving the general motoring public. See Arizona Laws 44-1551
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215

B. An action for injunctive relief to prevent or restore rights lost upon the violation of any provision of the franchise may be brought by a dealer or distributor.

C. The remedies provided in this section are independent of and supplemental to any other remedy or remedies available to the dealer or distributor in law or equity.

D. In any action under this section the prevailing party shall recover from the losing party all costs incurred, including reasonable attorney’s fees.

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