§ 31-16-124 — Applicability of provisions

Wyoming § 31-16-124

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 16: MOTOR VEHICLE FRANCHISES

Text

(a) Any person who engages directly or indirectly in
purposeful contacts within this state in connection with the
offering or advertising for sale or has business dealings with
respect to a new vehicle sale within this state is subject to
this act and is subject to the jurisdiction of the courts of
this state.
(b) The applicability of this act is not affected by a
choice of law clause in any franchise, agreement, waiver,
novation or other written instrument.
(c) Any provision of any agreement, franchise, waiver,
novation or other written instrument which is in violation of
any section of this act is null and void and without force and
effect.
(d) No manufacturer or other franchisor shall use any
subsidiary corporation, affiliated corporation or any other
controlled corporation, partnership, association or person to
accomplish what would otherwise be illegal conduct under this
act on the part of the manufacturer.
(e) Nothing in this act shall be construed to impair the
obligations of a contract entered into prior to the date this
act becomes effective or to prevent a manufacturer, distributor,
representative or any other person, whether or not licensed
under this act, from requiring performance of the prior written
contract entered into with any licensee nor shall the
requirement of that performance constitute a violation of this
act if the contract, or the terms thereof, requiring
performance, was freely entered into and executed between the
contracting parties. This act applies to any amendments,
novations, records or modifications of prior contracts and to
any contracts entered into subsequent to the date this act
becomes effective.
(f) Any assignment or delegation by a manufacturer or
other franchisor, except an assignment or delegation agreed to
by the affected new vehicle dealer does not relieve the
manufacturer or other franchisor of liability for performance of
obligations under any franchise agreement or in any way limit
the application of this act to the manufacturer or other
franchisor.
(g) The provisions of W.S. 31-16-109 through 31-16-111,
31-16-113, 31-16-114 and 31-16-117 shall not apply to dealers or
manufacturers of new trailers other than a house trailer as
defined by W.S. 31-1-101(a)(xxiii)(A) or a semitrailer as
defined by W.S. 31-1-101(a)(xxiii)(B). The provisions of W.S.
31-16-108 shall not apply to manufacturers of new trailers other
than a house trailer as defined by W.S. 31-1-101(a)(xxiii)(A) or
a semitrailer as defined by W.S. 31-1-101(a)(xxiii)(B).