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Ch. 433 2005 LAWS OF MARYLAND
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(E) (1) WARRANTY WORK PERFORMED BY THE DEALER SHALL BE
COMPENSATED IN ACCORDANCE WITH THE REASONABLE AND CUSTOMARY AMOUNT
OF TIME REQUIRED TO COMPLETE THE WORK, EXPRESSED IN HOURS AND
FRACTIONS.
(2) THE COST OF THE WORK SHALL BE COMPUTED BY MULTIPLYING
THE TIME REQUIRED TO COMPLETE THE WORK BY THE DEALER'S ESTABLISHED
CUSTOMER HOURLY RETAIL LABOR RATE.
(3) THE DEALER SHALL INFORM THE MANUFACTURER, WHOLESALER,
OR DISTRIBUTOR FOR WHOM THE DEALER IS PERFORMING WARRANTY WORK OF THE
DEALER'S ESTABLISHED CUSTOMER HOURLY RETAIL LABOR RATE BEFORE THE
DEALER PERFORMS ANY WORK.
(F) EXPENSES EXPRESSLY EXCLUDED UNDER THE WARRANTY OF THE
MANUFACTURER, WHOLESALER, OR DISTRIBUTOR TO THE CUSTOMER MAY NOT BE
INCLUDED OR REQUIRED TO BE PAID FOR WARRANTY WORK PERFORMED, EVEN IF
THE DEALER REQUESTS COMPENSATION FOR THE WORK PERFORMED.
(G) (1) THE DEALER SHALL BE PAID FOR ALL PARTS USED BY THE DEALER
IN PERFORMING WARRANTY WORK.
(2) PAYMENT SHALL BE IN AN AMOUNT EQUAL TO THE DEALER'S NET
PRICE FOR THE PARTS, PLUS A MINIMUM OF 15 PERCENT.
(H) THE MANUFACTURER, WHOLESALER, OR DISTRIBUTOR MAY ADJUST
COMPENSATION FOR ERRORS DISCOVERED DURING AN AUDIT AND MAY ADJUST
CLAIMS PAID IN ERROR.
(I) THE DEALER SHALL HAVE THE RIGHT TO ACCEPT THE REIMBURSEMENT
TERMS AND CONDITIONS OF THE MANUFACTURER, WHOLESALER, OR DISTRIBUTOR
IN LIEU OF THE TERMS AND CONDITIONS OF THIS SECTION.
SUBTITLE 3. VIOLATIONS BY SUPPLIERS; REMEDIES.
19-301.
A SUPPLIER MAY NOT:
(1) COERCE A DEALER TO ACCEPT DELIVERY OF EQUIPMENT, PARTS, OR
ACCESSORIES THAT THE DEALER HAS NOT ORDERED VOLUNTARILY UNLESS THE
PARTS OR ACCESSORIES ARE SAFETY PARTS OR ACCESSORIES REQUIRED BY THE
SUPPLIER;
(2) CONDITION THE SALE OF ADDITIONAL EQUIPMENT TO A DEALER ON
A REQUIREMENT THAT THE DEALER ALSO PURCHASE OTHER GOODS OR SERVICES,
EXCEPT THAT A SUPPLIER MAY REQUIRE THE DEALER TO PURCHASE PARTS THAT
ARE REASONABLY NECESSARY TO MAINTAIN THE QUALITY OF OPERATION IN THE
FIELD OF THE EQUIPMENT USED IN THE TRADE AREA;
(3) COERCE A DEALER INTO REFUSING TO PURCHASE EQUIPMENT
MANUFACTURED BY ANOTHER SUPPLIER; OR
- 2010 -
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