Maine Revised Statutes Title 10 Sec. 1176-A – Audits
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Terms Used In Maine Revised Statutes Title 10 Sec. 1176-A
- Franchisor: means a manufacturer, distributor or wholesaler who grants a franchise to a motor vehicle dealer. See Maine Revised Statutes Title 10 Sec. 1171
- manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1171
- Motor vehicle: means any motor-driven vehicle, except motorcycles and recreational vehicles defined under section 1432, subsection 18?A, required to be registered under Title 29?A, chapter 5. See Maine Revised Statutes Title 10 Sec. 1171
A manufacturer may reasonably and periodically audit a new motor vehicle dealer to determine the validity of paid claims or any charge-backs for customer or dealer incentives. Audits of incentive payments may be only for the 12-month period immediately preceding the date notifying the dealer that an audit is to be conducted. [PL 2013, c. 534, §8 (AMD).]
A franchisor may not deny those elements of a paid claim or customer or dealer incentive that are based on a dealer’s incidental failure to comply with a claim requirement or a clerical error or other technicality, regardless of whether the franchisor contests any other element of that claim, as long as the dealer corrects the clerical error or other technicality according to licensee guidelines. [PL 2017, c. 217, §8 (NEW).]
SECTION HISTORY
PL 1997, c. 521, §26 (NEW). PL 2013, c. 534, §8 (AMD). PL 2017, c. 217, §8 (AMD).