South Carolina Code of Laws
Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers
Section 39-6-110. Unreasonable restrictions on dealers; sales agreements for competing lines; separate facilities requirement.

(A) It is unlawful to impose, directly or indirectly, unreasonable restrictions on the equipment dealer relative to transfer, sale, renewal, termination, discipline, noncompetition, or site-control.
(B) A manufacturer may not prevent a dealer from having an investment in or holding a dealership contract for the sale of competing product lines or makes of equipment.
(C) This section does not prevent a manufacturer from requiring that competing lines of equipment be established in separate facilities. Written notice must be provided to a dealer by the manufacturer at least four years before requiring separate facilities for competing lines of equipment.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 39 - Trade and Commerce

Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers

Section 39-6-10. Short title.

Section 39-6-20. Definitions.

Section 39-6-30. Persons subject to chapter; jurisdiction and service of process.

Section 39-6-40. Legislative basis for unfair competition.

Section 39-6-50. Unfair competition and unfair or deceptive acts or practices.

Section 39-6-60. Notification of cancellation or nonrenewal; petition to modify notice period; grounds for immediate termination.

Section 39-6-70. Manufacturer prohibited from owning or competing with dealerships; exceptions.

Section 39-6-80. Notice of intent to establish new dealership or relocate dealership; petition for injunction; factors considered; exceptions.

Section 39-6-90. Sale or lease of new equipment by manufacturer; preparation and service by dealer.

Section 39-6-100. Fulfilling warranty agreement; payment of dealer claims; withholding warranty reimbursement prohibited.

Section 39-6-110. Unreasonable restrictions on dealers; sales agreements for competing lines; separate facilities requirement.

Section 39-6-120. Agreements covered by provisions of chapter.

Section 39-6-130. Termination of dealership.

Section 39-6-140. Actions for damages.

Section 39-6-150. Time for bringing actions.

Section 39-6-160. Contract provision in violation of chapter.

Section 39-6-170. Venue provisions in contract.

Section 39-6-180. Severability.