This text of Iowa § 322F.8 (Supplier liability) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. a.
(1)Adealermaybringalegalactionagainstasupplierfordamagessustainedbythe
dealer as a consequence of the supplier’s violation of any provision of this chapter, including
but not limited to a violation described in section 322F.7. A supplier violating this chapter
shall compensate the dealer for damages sustained by the dealer as a consequence of the
supplier’sviolation,togetherwiththeactualcostsoftheaction,includingreasonableattorney
fees.
(2)For a dealership agreement governing equipment other than outdoor power
equipment, a dealer may be granted injunctive relief against unlawful termination,
cancellation, or the nonrenewal of the dealership agreement, or a substantial change of
competitive circumstances as provided in section 322F.2.
(3)For a dealership agreement governing outdoor
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1. a. (1) Adealermaybringalegalactionagainstasupplierfordamagessustainedbythe
dealer as a consequence of the supplier’s violation of any provision of this chapter, including
but not limited to a violation described in section 322F.7. A supplier violating this chapter
shall compensate the dealer for damages sustained by the dealer as a consequence of the
supplier’sviolation,togetherwiththeactualcostsoftheaction,includingreasonableattorney
fees.
(2) For a dealership agreement governing equipment other than outdoor power
equipment, a dealer may be granted injunctive relief against unlawful termination,
cancellation, or the nonrenewal of the dealership agreement, or a substantial change of
competitive circumstances as provided in section 322F.2.
(3) For a dealership agreement governing outdoor power equipment, a dealer may be
granted injunctive relief against unlawful termination, cancellation, or the nonrenewal of the
dealership agreement as provided in section 322F.2.
b. The remedies in this section are in addition to any other remedies permitted by law.
2. a. If the payment or allowance of equipment repurchased pursuant to section 322F.3 is
not made as required, or the supplier is found liable for damages pursuant to subsection 1,
paragraph “a”, subparagraph (1), the amount due to the dealer shall bear interest at the rate
ofoneandone-halfpercentpermonthcalculatedfromthedatethatthedealershipagreement
was terminated.
b. Uponterminationofadealershipagreementbynonrenewalorcancellation,byadealer
orsupplier,ifthesupplierfailstomakepaymentorcredittheaccountofthedealerasprovided
in any provision of this chapter, the supplier is liable in a civil action brought by the dealer
for the repurchase amount set forth in section 322F.3, plus interest as calculated pursuant to
paragraph “a”. The supplier’s civil liability as provided in this paragraph shall be in addition
to and not in lieu of any remedy provided by subsection 1, paragraph “a”, subparagraph (1).
3. The requirements of this chapter supplement any agreement between a dealer and a
supplier. The dealer may elect either to pursue contractual remedies under the dealership
agreement or remedies provided under this chapter. An election by the dealer to pursue a
remedy provided under this chapter does not bar the dealer from pursuing any other remedy
under law or equity, including contractual remedies. This chapter does not affect rights of
the supplier to charge back to the dealer’s accounts amounts previously paid or credited as
a discount to the dealer’s purchase of goods, including equipment.