Vermont § 4082 - Forestry and industrial equipment

§ 4082. Forestry and industrial equipment

• (a) The General Assembly finds that geographic restrictions imposed on trade of certain
  forestry and industrial equipment within the State is not in the public interest.
  Restrictions on dealers of large and expensive pieces of industrial and forestry equipment
  to smaller geographical areas within the State unreasonably restrains trade, precludes
  any meaningful competition among a small number of dealers, and denies to Vermonters
  purchasing such equipment the benefits of free and open competition. The General Assembly
  therefore enacts this law to promote the public welfare by providing for free and
  open trade of large forestry and industrial equipment within the State. (b) As used in this section, “forestry or industrial equipment” means heavy vehicular
  equipment and associated implements designed and intended for forestry or industrial
  purposes, and shall include all mechanical parts for such equipment. (c) A supplier of forestry or industrial equipment shall not limit the geographic area
  in which a dealer may sell or deliver inventory. A supplier shall not charge a fee
  or fine or otherwise penalize a dealer either directly or indirectly for selling,
  or having sold, inventory to a consumer located outside of the dealer’s trade area
  or primary area of responsibility if the selling dealer agrees in writing to the purchaser
  that the dealer will provide service during the standard factory warranty period,
  or otherwise to discriminate in shipping products or filling orders placed by dealers
  of goods on the basis of the location of the consumer, however these terms might be
  defined in a dealership agreement. The provisions of this section shall be deemed
  to be incorporated in every agreement and shall supersede and control all other provisions
  of the agreement. Any term of a contract or agreement either expressed or implied,
  including a choice of law provision, that is inconsistent with the provisions of this
  section or purporting to waive compliance with this section is void and unenforceable
  to the extent of the waiver or variance. (d) This section shall apply to all agreements and contracts in effect on June 1, 1997
  related to forestry or industrial equipment between suppliers and dealers, and to
  all amendments, renewals, or extensions of such agreements, and to all such agreements
  entered into thereafter. (e) [Repealed.] (Added 1997, No. 59, § 89d, eff. June 30, 1997; amended 1997, No. 144 (Adj. Sess.), § 30, eff. April 27, 1998; 2001, No. 86 (Adj. Sess.), § 4, eff. May 2, 2002.)