Okla. Stat. tit. 15, § 15-245A

It shall be a violation of the Fair Practices of Equipment

Manufacturers, Distributors, Wholesalers and Dealers Act for a

supplier to take any one or more of the following actions:

1. To coerce, compel or require any dealer to accept delivery

of any equipment or repair parts which the dealer has not

voluntarily ordered, except as required by any applicable law or

unless such equipment or repair parts are safety features required

by a supplier;

2. To require any dealer to purchase goods or services as a

condition to the sale by the supplier to the dealer of any

equipment, repair parts or other goods or services, provided that

nothing herein shall prohibit a supplier from requiring the dealer

to purchase all repair parts, special tools and training reasonably

necessary to maintain the safe operation or quality of operation in

the field of any equipment offered for sale by the dealer;

3. To prevent a dealer from being a party to a dealer agreement

or holding an investment in a person that is a party to such a

dealer agreement, that authorizes the dealer to sell competing

product lines or makes of equipment or prevents a dealer from

performing the dealer’s obligations under such dealer agreement, or

to require a dealer to provide separate facilities for competing

product lines or makes of equipment. If a dealer purchased

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equipment from a supplier constituting eighty percent (80%) of the

dealer’s new equipment, calculated on the basis of net equipment

cost, at all retail sales facilities operated by such dealer and the

total annual sales volume of equipment acquired from such supplier

exceeds Forty Million Dollars ($40,000,000.00), subject to

adjustment after the effective date of this act on the same basis as

calculated in subparagraph b of paragraph 16 of Section 245 of this

title for single-line dealers, at such retail sales facilities for

the five (5) calendar years immediately preceding the applicable

determination date, then it shall not be a violation of this section

to the extent the dealer is prevented from selling major competing

product lines or makes of equipment at such retail sales facilities

of the dealer authorized to sell new equipment acquired from the

supplier seeking to impose the restriction on sales of major

competing product lines or makes of equipment;

4. To refuse to deliver in reasonable quantities and within a

reasonable time, after receipt of the dealer’s order, to any dealer

having a dealer agreement for the retail sale of new equipment sold

or distributed by such supplier, equipment covered by such dealer

agreement specifically advertised or represented by such supplier to

be available for immediate delivery. The failure to deliver any

such equipment will not be considered a violation of the Fair

Practices of Equipment Manufacturers, Distributors, Wholesalers and

Dealers Act if such failure is due to prudent and reasonable

restrictions on extensions of credit by the supplier to the dealer,

an act of nature, work stoppage or delay due to a strike or labor

difficulty, a bona fide shortage of materials, freight embargo, or

other cause over which the supplier has no control or a business

decision by the supplier to limit the production volume of the

equipment;

5. To discriminate, directly or indirectly, in filling an order

placed by a dealer for retail sale or lease of new equipment under a

dealer agreement as between dealers of the same product line;

6. To discriminate, directly or indirectly, in price between

different dealers with respect to purchases of equipment or repair

parts of like grade and quality and identical brand, where the

effect of such discrimination may be to substantially lessen

competition, tend to create a monopoly in any line of commerce, or

injure, destroy or prevent competition with any dealer who either

grants or knowingly receives the benefit of such discrimination;
tween

different dealers with respect to purchases of equipment or repair

parts of like grade and quality and identical brand, where the

effect of such discrimination may be to substantially lessen

competition, tend to create a monopoly in any line of commerce, or

injure, destroy or prevent competition with any dealer who either

grants or knowingly receives the benefit of such discrimination;

provided, however, different prices may be charged if:

a. such differences are due to differences in the cost of

manufacture, sale or delivery of the equipment or

repair parts,

b. the supplier can show that its lower price was made in

good faith to meet an equally low price of a

competitor, or

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c. such differences are related to the volume of

equipment purchased by dealers or market share

obtained by dealers;

7. To prevent by contract or otherwise, any dealer from

changing its capital structure or the means by or through which the

dealer finances its operations, so long as the dealer gives prior

notice to the supplier, and provided the dealer at all times meets

any reasonable capital standards required by the supplier pursuant

to a right granted in the dealer agreement and imposed on similarly

situated dealers; and

8. To require a dealer to assent to a release, assignment,

novation, waiver, or estoppel which would relieve any person from

liability imposed by the Fair Practices of Equipment Manufacturers,

Distributors, Wholesalers and Dealers Act.