(a) Upon the termination, nonrenewal, or cancellation of any franchise by the manufacturer or distributor, pursuant to this section, the new motorcycle dealer must be allowed fair and reasonable compensation by the manufacturer for the:
(1) new motorcycle inventory which has been acquired from the manufacturer within eighteen months, at a price not to exceed the original manufacturer's price to the dealer, which has not been altered or damaged, and which has not been driven more than two hundred miles, and for which no certificate of title has been issued;
(2) unused, undamaged, and unsold supplies and parts purchased from the manufacturer, at a price not to exceed the original manufacturer's price to the dealer, if the supplies and parts are currently offered for sale by the manufacturer or distributor in its current parts catalogs and are in salable condition;
(3) equipment and furnishings which have not been altered or damaged and which have been required by the manufacturer or distributor to be purchased by the new motorcycle dealer from the manufacturer or distributor, or their approved sources;
(4) special tools which have not been altered or damaged and which have been required by the manufacturer or distributor to be purchased by the new motorcycle dealer from the manufacturer or distributor, or their approved sources, within five years immediately preceding the termination, nonrenewal, or cancellation of the franchise.
(b) Fair and reasonable compensation for the above must be paid by the manufacturer within ninety days of the effective date of termination, cancellation, or nonrenewal, if the new motorcycle dealer has clear title to the inventory and has conveyed title and possession to the manufacturer.
HISTORY: 1984 Act No. 511, Section 1.
Structure South Carolina Code of Laws
Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers
Section 56-16-10. Definitions.
Section 56-16-20. Manufacturer's specification of dealer's delivery and preparation obligations.
Section 56-16-30. Obligation to fulfill warranty agreement.
Section 56-16-80. Persons to whom chapter applies; jurisdiction of courts.
Section 56-16-90. Unfair competition and unfair or deceptive acts or practices.
Section 56-16-110. Manufacturer's specification of dealer's delivery and preparation obligations.
Section 56-16-120. Imposition of restrictions on motorcycle dealer or franchisee.
Section 56-16-170. Records of transfers; organization and legibility; penalties.
Section 56-16-180. Denial, suspension, or revocation of license.
Section 56-16-200. Civil actions; damages; effect of judgments as prima facie evidence.
Section 56-16-210. Contracts violating provisions of this chapter.