GA Motor Vehicle Franchise Practices Act one of its affiliates by program, incentive provision, or otherwise without making available to the dealer the option to obtain the goods or services of comparable grade, quality, and overall design, and the same or substantially the same materials and characteristics from a vendor chosen by the dealer and approved by the manufacturer; provided however, that such approval by the manufacturer shall not be unreasonably withheld, and the dealer’s option to select a vendor shall not be available if the manufacturer provides substantial reimbursement for the goods or services offered. (B) If signs, other than signs containing the manufacturer’s brand or logo or freestanding signs that are not directly attached to a building, or other franchisor image or design elements or trade dress are to be leased to the dealer by a vendor selected, identified, or designated by the manufacturer, such dealer has the right to purchase the signs or other franchisor image or design elements or trade dress of comparable grade, quality, and overall design, and the same or substantially the same material and characteristics from a vendor selected by the dealer if such signs, franchisor image or design elements, or trade dress are approved by the manufacturer. Approval by the manufacturer shall not be unreasonably withheld. (C) Nothing in the paragraph shall be constructed to allow a dealer or vendor to impair, infringe upon, or eliminate, directly or indirectly, the intellectual property rights of the manufacturer including, but not limited to, the manufacturer’s intellectual property rights in any trademarks or trade dress, or other intellectual property interests owned or controlled by the manufacturer. (D) As used in this paragraph, the term: (i) ”Goods” shall not include movable displays, brochures and promotional materials containing material subject to the intellectual property rights of a manufacturer, including copyright, trademark, or trade dress rights or any manufacturer’s design or architectural review service. (ii) ”Substantial reimbursement” means an amount equal to or greater than the cost savings that would result if the dealer were to utilize a vendor of the dealer’s own selection instead of using the vendor identified by the manufacturer; or (11) Whether by agreement, program, incentive, or otherwise, to sell, lease, offer to sell or lease, solicit, or advertise the sale or lease of new motor vehicles in a manner that violates a law or any properly promulgated rule or regulation of this state. 10-1-662. Unlawful activities by franchisors. (a) It shall be unlawful for any franchisor: (1) (A) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available for immediate delivery. Upon written request of the dealer, the franchisor shall communicate its allocation process in writing in a clear and concise manner within 30 days from receipt of the dealer’s request. For purposes of this paragraph, a reasonable quantity of vehicles: (i) Is fair and equitable to all line-make dealers in the state; and (ii) Does not unfairly discriminate among line-make dealers in its allocation process. (B) This paragraph is not violated, however, if such failure is caused by the occurrence of temporary international, national or regional product or services shortages resulting from natural disaster; unavailability or scarcity of parts or services; labor strikes; supply chain disruptions; product recalls; or other factors and events beyond the control of the franchisor that temporarily reduce the supply of a franchisor or if a state or federal law, rule, or regulation necessitates modification of the allocation. (C) Nothing contained in this paragraph shall relieve a manufacturer, franchise or distributor from obligations under paragraph (9) of subsection (b) of Code Section 10-1-661;” WWW.GADA.COM | 77
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