(a)A recreational vehicle manufacturer or
recreational vehicle distributor may not terminate, cancel, or refuse to
renew all or part of a recreational vehicle dealer agreement without
good cause.
(b)The burden of proof to show good cause is on the recreational
vehicle manufacturer or recreational vehicle distributor that is a party
to the recreational vehicle dealer agreement.
(c)The following factors may be considered as proof to show good
cause under this section:
(1)The extent of the recreational vehicle dealer's permeation into
the area of sales responsibility.
(2)The nature and extent of the recreational vehicle dealer's
investment in the recreational vehicle dealer's business.
(3)The adequacy of the recreational vehicle dealer's service
facilities, equipment, parts, supplies, a
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(a) A recreational vehicle manufacturer or
recreational vehicle distributor may not terminate, cancel, or refuse to
renew all or part of a recreational vehicle dealer agreement without
good cause.
(b) The burden of proof to show good cause is on the recreational
vehicle manufacturer or recreational vehicle distributor that is a party
to the recreational vehicle dealer agreement.
(c) The following factors may be considered as proof to show good
cause under this section:
(1) The extent of the recreational vehicle dealer's permeation into
the area of sales responsibility.
(2) The nature and extent of the recreational vehicle dealer's
investment in the recreational vehicle dealer's business.
(3) The adequacy of the recreational vehicle dealer's service
facilities, equipment, parts, supplies, and personnel.
(4) The effect of the proposed termination, cancellation, or refusal
to renew the recreational vehicle dealer agreement on the
community.
(5) The extent and quality of the recreational vehicle dealer's
warranty services.
(6) The recreational vehicle dealer's failure to follow agreed upon
procedures and standards for the overall operation of the
recreational vehicle dealer consistent with Indiana law and the
recreational vehicle dealer agreement.
(7) The recreational vehicle dealer's performance of the terms of
the recreational vehicle dealer agreement.
(d) Except as otherwise provided in this chapter, a recreational
vehicle manufacturer or recreational vehicle distributor shall provide
written notice to a recreational vehicle dealer at least one hundred
twenty (120) days before the recreational vehicle manufacturer or
recreational vehicle distributor terminates, cancels, or refuses to renew
a recreational vehicle dealer agreement for good cause.
(e) A written notice under subsection (d) must provide the
recreational vehicle dealer with all of the reasons the recreational
vehicle manufacturer or recreational vehicle distributor intends to
terminate, cancel, or refuse to renew the recreational vehicle dealer
agreement.
(f) Not later than thirty (30) days after receiving the written notice
under subsection (d), if the recreational vehicle dealer provides the
recreational vehicle manufacturer or recreational vehicle distributor
with written notice of the intent to cure all claimed deficiencies, the
recreational vehicle dealer must cure the claimed deficiencies not later
than one hundred twenty (120) days after receiving the written notice.
(g) If the recreational vehicle dealer cures the claimed deficiencies
under subsection (f), the recreational vehicle manufacturer or
recreational vehicle distributor may not terminate, cancel, or refuse to
renew the recreational vehicle dealer agreement.
(h) The recreational vehicle manufacturer or recreational vehicle
distributor may terminate, cancel, or refuse to renew the recreational
vehicle dealer agreement:
(1) thirty (30) days after receipt of the written notice under
subsection (d), if the recreational vehicle dealer fails to provide
the recreational vehicle manufacturer or recreational vehicle
distributor with written notice of the recreational vehicle dealer's
intent to cure the claimed deficiencies; or
(2) one hundred twenty (120) days after receipt of the written
notice under subsection (d), if the recreational vehicle dealer fails
to cure the claimed deficiencies not later than one hundred twenty
(120) days after receiving the written notice.
(i) The written notice period under subsection (d) may be reduced
to thirty (30) days if the reason for terminating, canceling, or refusing
to renew the recreational vehicle dealer agreement under this section
is because of one (1) or more of the following factors:
(1) A recreational vehicle dealer is:
(A) convicted of; or
(B) entering a plea of nolo contendere to;
a felony offense.
(2) The recreational vehicle dealer has abandoned or closed
business operations for at least ten (10) consecutive business
days, unless the abandonment or closure is due to:
(A) an act of God;
(B) a strike;
(C) labor difficulty; or
(D) a cause that is outside of the control of the recreational
vehicle dealer.
(3) A significant misrepresentation by the recreational vehicle
dealer was made that materially affects the business relationship
between the recreational vehicle dealer and the recreational
vehicle manufacturer or recreational vehicle distributor.
(4) The secretary has suspended, revoked, or refused to renew the
license of the recreational vehicle dealer.
(j) The written notice provisions under this section do not apply if
the reason for terminating, canceling, or refusing to renew the
recreational vehicle dealer agreement is a declaration of:
(1) insolvency;
(2) an assignment for the benefit of a creditor; or
(3) bankruptcy;
of the recreational vehicle dealer.