35-8A-12. Waiver of rights void--Mutually binding agreements or voluntary dispute settlements not prohibited.
Any waiver of the rights or remedies granted by this chapter is void. However, nothing in this chapter limits or prohibits suppliers and wholesalers from entering into mutually binding written agreements as defined in this chapter or to limit or prohibit good faith dispute settlements voluntarily entered into by the parties. However, no provision of any written agreement may purport to require the law of any state other than South Dakota to govern the relationship of the parties or to require wholesalers to waive the right to have disputes with their suppliers resolved in courts of competent jurisdiction in South Dakota or to require a wholesaler to waive the right to trial by jury in South Dakota.
Source: SL 1990, ch 300, §12; SL 1999, ch 187, §1.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 08A - Regulation Of Beer Industry Business Relationships
Section 35-8A-1 - Legislative authority and purpose.
Section 35-8A-2 - Definitions of terms.
Section 35-8A-3 - Distribution contracts--Application of this chapter.
Section 35-8A-4 - Prohibited actions by supplier.
Section 35-8A-7 - When compensation required from brewer--Reasonable value--Arbitration.
Section 35-8A-11 - Distribution agreement binding upon successor.
Section 35-8A-13 - Unreasonable amendment prohibited.
Section 35-8A-14 - Exclusive sales territories--Designated wholesaler.
Section 35-8A-15 - Application of chapter.
Section 35-8A-16 - Brand defined.
Section 35-8A-17 - Brand extension defined.
Section 35-8A-19 - Future brand extensions to be assigned wholesaler who first had brand.
Section 35-8A-20 - Application of certain amended and enacted sections.