325E.063 VIOLATIONS.
(a) It is a violation of sections
325E.061 to
325E.065 for a farm equipment manufacturer to
coerce a farm equipment dealer to accept delivery of farm equipment which the farm equipment
dealer has not voluntarily ordered.
(b) It is a violation of sections
325E.061 to
325E.065 for a farm equipment manufacturer to:
(1) condition or attempt to condition the sale of farm equipment on a requirement
that the farm equipment dealer also purchase other goods or services; except that a farm
equipment manufacturer may require the dealer to purchase all parts reasonably necessary to
maintain the quality of operation in the field of any farm equipment used in the trade area and
telecommunication necessary to communicate with the farm equipment manufacturer;
(2) coerce a farm equipment dealer into a refusal to purchase the farm equipment
manufactured by another farm equipment manufacturer;
(3) discriminate in the prices charged for farm equipment of like grade and quality sold
by the farm equipment manufacturer to similarly-situated farm equipment dealers. The clause
does not prevent the use of differentials which make only due allowance for difference in the
cost of manufacture, sale, or delivery or for the differing methods or quantities in which the farm
equipment is sold or delivered, by the farm equipment manufacturer; or
(4) attempt or threaten to terminate, cancel, fail to renew, or substantially change the
competitive circumstances of the dealership agreement if the attempt or threat is based on the
results of a natural disaster, including a sustained drought in the dealership market area, a labor
dispute, or other circumstance beyond the dealer's control.
History: 1988 c 511 s 3; 1991 c 70 s 4