Okla. Stat. tit. 3, § 3-254.5
This is the official text of Okla. Stat. tit. 3, § 3-254.5, part of Oklahoma’s Stat. tit. 3, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 3,." Browse the sections below, each linked to its official government source.
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Private right of action - Damages - Applicability -
Official statutory text
Effect on multiple contracts - Dealer.
A. Any dealer harmed by the failure of a manufacturer to comply
with Section 254.3 or 254.4 of this title shall be entitled to bring
a private right of action against the manufacturer for the recovery
of the fair market value of the business affected and to recover
treble actual and special damages, and such other relief to which it
may be entitled at law or in equity. The dealer shall be entitled
to recover its reasonable attorney fees and all expenses and costs
incurred due to the private right of action if the dealer prevails.
In addition, if a manufacturer commits an act prohibited by Section
Oklahoma Statutes - Title 3. Aircraft and Airports Page 93
254.3 or 254.4 of this title, the manufacturer shall purchase from
the affected dealer the following items at the following prices:
1. All aircraft in the inventory of the dealer of aircraft held
for resale at the fair market value; and
2. All parts and supplies acquired by the dealer from the
manufacturer which are in the inventory of the dealer at the time of
the violation of the manufacturer at the current price list amounts
of the manufacturer; and
3. All equipment and specialty tools owned by the dealer and
purchased from the manufacturer for use in the sale, service, or
maintenance of the aircraft manufactured or sold to the dealer by
the manufacturer at the fair market value. If any items are
encumbered or subject to any outstanding financing statement, the
payments shall be made jointly to the dealer and the secured party
to the extent of their respective interests. If any items are
leased by the dealer, the manufacturer shall assume all future
obligations under the lease.
B. This section shall apply only to agreements between dealers
and manufacturers in effect prior to July 1, 2007, and all
revisions, modifications, extensions, amendments and replacements of
such agreements.
C. If the relationship between a manufacturer and a dealer is
set forth in more than one contract or agreement, then the revision,
modification, amendment, replacement, cancellation, termination, or
failure to renew of one or more such contracts or agreements shall
not deny the dealer a right of action under this section for any
acts by the manufacturer relating to the remaining contracts.
D. Any entity meeting the definition of “dealer” provided in
paragraph 2 of Section 254.2 of this title shall continue to be
considered a dealer for the purposes of this section and Sections
254.3, 254.4 and 254.6 of this title notwithstanding that any such
agreement or portion thereof is terminated, cancelled, or not
renewed by the manufacturer.
A. Any dealer harmed by the failure of a manufacturer to comply
with Section 254.3 or 254.4 of this title shall be entitled to bring
a private right of action against the manufacturer for the recovery
of the fair market value of the business affected and to recover
treble actual and special damages, and such other relief to which it
may be entitled at law or in equity. The dealer shall be entitled
to recover its reasonable attorney fees and all expenses and costs
incurred due to the private right of action if the dealer prevails.
In addition, if a manufacturer commits an act prohibited by Section
Oklahoma Statutes - Title 3. Aircraft and Airports Page 93
254.3 or 254.4 of this title, the manufacturer shall purchase from
the affected dealer the following items at the following prices:
1. All aircraft in the inventory of the dealer of aircraft held
for resale at the fair market value; and
2. All parts and supplies acquired by the dealer from the
manufacturer which are in the inventory of the dealer at the time of
the violation of the manufacturer at the current price list amounts
of the manufacturer; and
3. All equipment and specialty tools owned by the dealer and
purchased from the manufacturer for use in the sale, service, or
maintenance of the aircraft manufactured or sold to the dealer by
the manufacturer at the fair market value. If any items are
encumbered or subject to any outstanding financing statement, the
payments shall be made jointly to the dealer and the secured party
to the extent of their respective interests. If any items are
leased by the dealer, the manufacturer shall assume all future
obligations under the lease.
B. This section shall apply only to agreements between dealers
and manufacturers in effect prior to July 1, 2007, and all
revisions, modifications, extensions, amendments and replacements of
such agreements.
C. If the relationship between a manufacturer and a dealer is
set forth in more than one contract or agreement, then the revision,
modification, amendment, replacement, cancellation, termination, or
failure to renew of one or more such contracts or agreements shall
not deny the dealer a right of action under this section for any
acts by the manufacturer relating to the remaining contracts.
D. Any entity meeting the definition of “dealer” provided in
paragraph 2 of Section 254.2 of this title shall continue to be
considered a dealer for the purposes of this section and Sections
254.3, 254.4 and 254.6 of this title notwithstanding that any such
agreement or portion thereof is terminated, cancelled, or not
renewed by the manufacturer.
Status: in_force · Read it on the official government site
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