Terms Used In Vermont Statutes Title 9 Sec. 4107

  • Agreement: is a ny written agreement between a petroleum supplier and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the supplier. See
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person who is not a petroleum supplier engaged in the retail sale of gasoline to the motoring public in the State under agreements entered into with a petroleum supplier. See
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

§ 4107. Dealer‘s action for damages; attorney’s fees

(a) A dealer may bring an action for damages sustained as a result of:

(1) failure to make such disclosures as are required in section 4103 of this title;

(2) wrongful termination of or refusal to renew his or her agreement as set forth in section 4104 of this title;

(3) failure to make an offer in good faith to repurchase as required in section 4105 of this title; or

(4) any violation of section 4106 of this title.

(b) The remedy provided for in this section is in addition to all other remedies available under contract or as provided by law or equity, including injunctive relief where appropriate. If the court finds that the violation of this chapter has been willful, the court may allow reasonable attorney’s fees to the prevailing party. The parties shall be entitled to a prompt trial. (Added 1975, No. 83, § 1.)