North Dakota Code 51-20-02 – Recreation vehicle dealers may recover value of vehicles or parts from distributor in certain cases
1. If a dealer has entered a written contract with a distributor in which the dealer agrees to maintain a stock of recreation vehicles, repair parts, or both recreation vehicles and repair parts, and either the dealer or the distributor desires to cancel or discontinue the contract, the distributor shall pay to the dealer, unless the dealer desires to keep the recreation vehicles or repair parts, the following amounts:
Terms Used In North Dakota Code 51-20-02
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. A sum equal to one hundred percent of the net cost of all current year, unused, and complete recreation vehicles; b. Eighty-five percent of the current net prices on repair parts, including the superseded parts listed in current price lists or catalogs, if the superseded parts have previously been purchased from the distributor and were in the dealer’s inventory on the date of cancellation or discontinuance of the contract or were thereafter received by the dealer from the distributor; c. A sum equal to five percent of the current net price of all parts returned as reimbursement for handling, packing, and loading of those parts; and
d. Any freight charges on the equipment or repair parts paid by the dealer.
2. When a distributor has made payment in accordance with this section, title to the recreation vehicles and repair parts must pass to the distributor and the distributor is entitled to possession of the recreation vehicles and repair parts. The provisions of this section are supplemental to any contractual rights which the dealer may have with respect to reimbursement for recreation vehicles 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. An election by a dealer to pursue a contractual remedy does not bar the dealer’s right to the remedy provided by this section with respect to those pieces of recreation vehicles and repair parts not affected by the contract remedy.
3. This section applies to every contract now in effect which has no stated expiration date and to all other contracts entered after July 31, 2001. Contracts in force and effect on July 31, 2001, which by their terms will terminate on a date subsequent to July 31, 2001, are governed by the law existing before August 1, 2001.