South Dakota Codified Laws 35-8A-12. Waiver of rights void–Mutually binding agreements or voluntary dispute settlementsnot prohibited
Any waiver of the rights or remedies granted by this chapter is void. However, nothing in this chapter limits or prohibits suppliers and wholesalers from entering into mutually binding written agreements as defined in this chapter or to limit or prohibit good faith dispute settlements voluntarily entered into by the parties. However, no provision of any written agreement may purport to require the law of any state other than South Dakota to govern the relationship of the parties or to require wholesalers to waive the right to have disputes with their suppliers resolved in courts of competent jurisdiction in South Dakota or to require a wholesaler to waive the right to trial by jury in South Dakota.
Terms Used In South Dakota Codified Laws 35-8A-12
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
Source: SL 1990, ch 300, § 12; SL 1999, ch 187, § 1.