North Carolina § 18B-1306 - Remedies for wrongful termination.

§ 18B-1306. Remedies for wrongful termination.

Injunctive Relief. - A wholesaler whose franchise agreement is altered, terminated or not renewed in violation of this Article may bring an action to enjoin such unlawful alteration, termination or failure to renew. The action may be brought in the county in which the wholesaler has its principal place of business or in any county in which the wholesaler receives or distributes the products in issue. Any injunction issued pursuant to this subsection shall require the wholesaler to supply the customers in its territory with their reasonable retail requirements and to otherwise serve the territory. Monetary Damages. - In lieu of injunctive relief, a wholesaler whose franchise agreement is altered, terminated or not renewed in violation of this Article shall be entitled to recover monetary damages from the supplier. The amount to which the wholesaler is entitled shall be the value of the wholesaler's business distributing the supplier's products, including: The laid-in costs to the wholesaler of the inventory of the supplier's products, including any State and local taxes paid on the inventory by the wholesaler, plus a reasonable charge for handling of the products upon surrender of the inventory to the supplier. The fair market value of all assets, including ancillary businesses of the wholesaler used in distributing the supplier's products. The total compensation to be paid to the wholesaler shall be reduced, however, by any amount received by the wholesaler from sale of assets of the business used in distributing the supplier's products as well as by the value such assets have to the wholesaler unrelated to the supplier's products. "Fair market value" means the highest dollar amount at which a seller would be willing to sell and a buyer willing to buy at a time prior to the alteration, termination or failure to renew, when each possesses all information relevant to the transaction. History (1989, c. 142, s. 1; 2012-4, s. 1.) Editor's Note. - Subsection (b) was amended by Session Laws 2012-4, s. 1, effective June 4, 2012, in the coded bill drafting format provided by G.S. 120-20.1. In the introductory paragraph of subsection (b), the act made changes to the punctuation in the terms "wholesaler's business" and "supplier's products," but it was unclear whether the apostrophes were being added or deleted. The apostrophes have been retained and the section has been set out in the form above at the direction of the Revisor of Statutes.