Loading chat...

ND SB2289

Bill

Status

Passed

3/17/2017

Primary Sponsor

Kelly Armstrong

Click for details

Origin

Senate

65th Legislative Assembly

AI Summary

  • Prohibits manufacturers, wholesalers, or distributors from coercing farm equipment dealers to accept unsolicited deliveries of equipment, parts, or accessories or requiring unreasonable stocking levels, with limited exceptions for parts necessary to maintain equipment quality.

  • Prohibits conditioning sales on bundled purchases, forcing dealers to refuse competing manufacturers' equipment, or requiring separation of competing product lines without separate valuable consideration; contract renewal alone does not constitute sufficient consideration.

  • Establishes a one-year statute of limitations for warranty and incentive audits and chargebacks, requires manufacturers to identify specific claims and provide written explanations, limits chargeback amounts to direct compensation received, and allows dealers 45 days to respond.

  • Prohibits manufacturers from requiring dealers to accept foreign jurisdiction, out-of-state venue, waiver of state law protections, or mandatory arbitration unless in connection with a voluntary settlement agreement for separate and valuable consideration.

  • Requires manufacturers to reimburse dealers for warranty work at rates equal to or greater than non-warranty rates, provide reasonable time allowances for warranty work, approve dealership transfers within 60 days if applicant meets written standards, and pay warranty claims within 30 days of approval.

Legislative Description

Prohibited practices under farm equipment dealership contracts, dealership transfers, and reimbursement for warranty repair.

Last Action

Signed by Governor 03/16

3/17/2017

Committee Referrals

Agriculture1/23/2017
Industry, Business, and Labor1/19/2017

Full Bill Text

No bill text available