Delaware Code Title 6 Sec. 2721 – Notice of termination of contract agreements
(a) Notwithstanding any agreement to the contrary, a supplier who terminates a contract agreement with a dealer shall notify the dealer of the termination not less than 6 months prior to the effective date of the termination. If termination results from an ongoing program or standard of which the dealer was aware at least 6 months prior to termination, the supplier shall give 90 days’ notice of termination. However, the supplier may immediately terminate the agreement at any time after the occurrence of any of the following events:
(1) A petition under bankruptcy or receivership law has been filed against the dealer.
(2) The dealer has made an intentional misrepresentation with the intent to defraud the supplier.
(3) Default by the dealer under a chattel mortgage or other security agreement between the dealer and the supplier.
(4) Close out or sale of a substantial part of the dealer’s business related to the handling of the supplier’s product, the commencement or dissolution or liquidation of the dealer if the dealer is a partnership or corporation, or a change, without the prior written approval of the supplier, in the location of the dealer’s principal place of business under the agreement.
(5) Withdrawal of an individual proprietor, partner, major shareholder or manager of the dealership, or a substantial reduction in interest of a partner or major shareholder, without the prior written consent of the supplier.
(6) Revocation or discontinuance of any guarantee of the dealer’s present or future obligations to the supplier.
Terms Used In Delaware Code Title 6 Sec. 2721
- Contract: A legal written agreement that becomes binding when signed.
- Contract agreement: means a written or oral contract or agreement between a dealer and a supplier by which the dealer is granted the right to sell their equipment and the dealer is required to order and maintain an inventory in excess of $25,000 at current net price from the supplier. See Delaware Code Title 6 Sec. 2720
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dealer: means a person, firm or corporation engaged in the business of selling, at retail, construction, farm, industrial or outdoor power equipment and who maintains a total inventory of new equipment and repair parts valued at $50,000 or over and provides repair service for the above-mentioned equipment. See Delaware Code Title 6 Sec. 2720
- Manager: means a person who is named as a manager of a limited liability company in, or designated as a manager of a limited liability company pursuant to, a limited liability company agreement or similar instrument under which the limited liability company is formed, and includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partner: means a limited or general partner. See Delaware Code Title 6 Sec. 17-101
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Supplier: means a wholesaler, manufacturer or distributor who enters into a contract agreement with a dealer. See Delaware Code Title 6 Sec. 2720
(b) Notwithstanding any agreement to the contrary, a dealer who terminates a contract agreement with a supplier shall notify the supplier of the termination not less than 6 months prior to the effective date of the termination.
(c) The contract agreement may also be terminated by the mutual written consent of the parties, with the effective date of such termination to be such as may be mutually agreed upon.
(d) Notification under this section shall be in writing and shall be by certified mail or personally delivered to the recipient. It shall contain:
(1) A statement of intention to terminate the agreement.
(2) A statement of the reasons for the termination.
(3) The date on which the termination takes effect.