BUSINESS AND PROFESSIONS CODE
SECTION 22900-22927
22900. The Legislature finds and declares that the retail
distribution and sales of agricultural, utility, and industrial
equipment, utilizing independent retail dealers operating under
agreements with the manufacturers and distributors vitally affects
the general economy of the state, public interests, and public
welfare and it is necessary to regulate the business relations
between the independent dealers and the equipment manufacturers,
wholesalers, and distributors.
22901. As used in this chapter:
(a) "Equipment" means machines designed for or adapted and used
for agriculture, livestock, grazing, light industrial, and utility,
as those terms are customarily used in the industry. It does not
include earthmoving and heavy construction equipment, mining
equipment, or forestry equipment as those terms are customarily used
in the industry, nor does it include all-terrain vehicles as defined
in Section 111 of the Vehicle Code.
(b) "Equipment dealer" or "equipment dealership" means any person,
partnership, corporation, association, or other form of business
enterprise, primarily engaged in the retail sale of equipment as
defined in subdivision (a).
(c) "Supplier" means a person, partnership, corporation,
association, or other business enterprise engaged in the
manufacturing, assembly, or wholesale distribution of equipment. The
term shall also include any successor in interest, including a
purchaser of assets or stock, or a surviving corporation resulting
from a merger, liquidation, or reorganization of the original
supplier.
(d) "Dealer agreement" means an oral or written contract or
agreement of definite or indefinite duration, between a supplier and
an equipment dealer, which provides for the rights and obligations of
the parties with respect to the purchase or sale of equipment.
(e) "Net cost" means the price the equipment dealer paid to the
supplier for the equipment, less all applicable discounts allowed,
plus the freight costs from the supplier's location to the equipment
dealer's location.
(f) "Net price" means the price listed for repair parts in the
supplier's price list or catalog, less all applicable discounts.
22902. It shall be a violation of this chapter for a supplier:
(a) Except as required by any applicable law or unless special
features or accessories are safety features or accessories required
by a supplier, to coerce or compel any equipment dealer to order or
accept delivery of any equipment or parts or any equipment with
special features or accessories not included in the base list price
of the equipment as publicly advertised by the supplier, which the
equipment dealer has not voluntarily ordered.
(b) To coerce or compel any equipment dealer to enter into any
agreement, whether written or oral, supplementary to an existing
dealer agreement with the supplier, unless that supplementary or
amendatory agreement is imposed on all other similarly situated
dealers in the state.
(c) To refuse to deliver to any equipment dealer in reasonable
quantities and within a reasonable time after receipt of the
equipment dealer's order, equipment covered by the dealer agreement
specifically represented by the supplier to be available for
immediate delivery. The failure to deliver any such equipment shall
not be considered a violation of this chapter if the failure is due
to restrictions on extension of credit by the supplier to the
equipment dealer, any breach of or default under the agreement by the
equipment dealer, an act of God, 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.
(d) To terminate, cancel, or fail to renew a dealer agreement or
substantially change the competitive circumstances of the dealer
agreement without cause.
(e) To require as a condition of renewal or extension of a
dealership agreement that the dealer complete substantial renovation
of the dealer's place of business, or acquire new or additional space
to serve as the dealer's place of business, unless the supplier
provides at least one year's written notice of the condition which
states all grounds supporting the condition. The supplier shall
provide a reasonable time for the dealer to complete the renovation
or acquisition after the one year's notice period has expired.
(f) To discriminate in the prices charged for equipment of like
grade and quality sold by the supplier to similarly situated dealers
in this state. This subdivision does not prevent the use of
differentials resulting from the differing quantities in which
equipment is sold or delivered and does not prevent a supplier from
offering a lower price in order to meet an equally low price of a
competitor or the services or facilities furnished by a competitor.
The provisions of this subdivision shall not apply to sales to an
equipment dealer for resale to any unit or agency of the United
States government, the state, or any of its political subdivisions,
or any municipality located within this state or to any major fleet
account or to any organization for testing or demonstration.
(g) To prevent, by contract or otherwise, any equipment dealer
from changing the capital structure of the equipment dealership or
the means by which the equipment dealership is financed, provided the
equipment dealer at all times meets any reasonable capital standards
imposed by the supplier or as otherwise agreed to between the
equipment dealer and the supplier, and provided this change by the
equipment dealer does not result in a change of the controlling
interest in the executive management or board of directors, or any
guarantors of the equipment dealership.
(h) To prevent, by contract or otherwise, any equipment dealer or
any officer, member, partner, or stockholder of any equipment dealer
from selling or transferring any part of the interest of any of them
to any other party or parties. However, no equipment dealer,
officer, partner, member, or stockholder shall have the right to
sell, transfer, or assign the equipment dealership or power of
management or control of the dealership without the written consent
of the supplier. Should a supplier determine that the designated
transferee is not acceptable, the supplier shall provide the
equipment dealer with written notice of the supplier's objection and
specific reasons for withholding its consent.
(i) To require an equipment dealer to assent to a release,
assignment, novation, waiver, or estoppel which would relieve any
person from liability imposed by this section.
(j) (1) To unreasonably withhold consent, in the event of the
death of the equipment dealer or the principal owner of the equipment
dealership, to the transfer of the equipment dealer's interest in
the equipment dealership to a member or members of the family of the
equipment dealer or the principal owner of the equipment dealership,
if the family member meets the reasonable financial, business
abilities and experience, and character standards of the supplier.
Should a supplier determine that the designated family member is not
acceptable, the supplier shall provide the equipment dealer with
written notice of the supplier's objection and specific reasons for
withholding its consent. A supplier shall have 90 days to consider
an equipment dealer's request to make a transfer to a family member.
As used in this paragraph, a "family member" means and includes a
spouse, parent, sibling, child, stepchild, son-in-law,
daughter-in-law, and lineal descendant, including those by adoption
of the equipment dealer or principal owner of the equipment
dealership.
(2) Notwithstanding paragraph (1) of this subdivision, in the
event that a supplier and equipment dealer have duly executed an
agreement concerning succession rights prior to the equipment dealer'
s death, and if the agreement has not been revoked or otherwise
terminated by either party, the agreement shall be observed.
(k) Notwithstanding the provisions of subdivisions (h) and (j) and
without precluding any other permissible bases for withholding
consent, a supplier may withhold consent to a transfer of interest in
an equipment dealership if, with due regard to regional market
conditions and distribution economies, the dealer's area of
responsibility or trade area does not afford sufficient sales
potential to reasonably support a dealer. In any dispute between a
supplier and equipment dealer under this subdivision, the supplier
shall bear the burden of proving that the dealer's area of
responsibility or trade area does not afford sufficient sales
potential to reasonably support a dealer. The proof offered shall be
in writing.
22903. (a) Except where grounds for termination or nonrenewal of a
dealer agreement or a change in the competitive circumstances of a
dealer agreement are contained in paragraph (1), (2), (3), (4), (5),
(6), or (7) of subdivision (b), a supplier shall give an equipment
dealer 90 days' written notice of the supplier's intent to terminate,
cancel, or not renew a dealer agreement or change the competitive
circumstances of a dealer agreement. The notice shall state the
reasons constituting cause for termination, cancellation, or
nonrenewal and shall provide that the equipment dealer has 60 days in
which to cure any claimed deficiency. If the deficiency is
rectified within 60 days to the satisfaction of the supplier, the
notice shall be void. The contractual term of the dealer agreement
shall not expire or the competitive circumstances of the dealer
agreement shall not be changed by the supplier, without the written
consent of the equipment dealer, prior to the expiration of at least
90 days following this notice.
(b) No supplier, directly or through an officer, agent, or
employee, may terminate, cancel, fail to renew, or substantially
change the competitive circumstances of a dealership agreement
without cause. "Cause" means failure by an equipment dealer to
comply with the requirements imposed upon the equipment dealer by the
dealer agreement, provided the requirements are not different from
those requirements imposed on other similarly situated equipment
dealers in this state. In addition, cause exists whenever the
equipment dealer has:
(1) Transferred a controlling ownership interest in the equipment
dealership without the consent of the supplier, who shall not
withhold consent unreasonably.
(2) Made a material misrepresentation or falsification of any
record.
(3) Filed a voluntary petition in bankruptcy or has had an
involuntary petition in bankruptcy filed against the equipment dealer
which has not been discharged within 60 days after the filing; or is
insolvent or in receivership.
(4) Pleaded guilty to or has been convicted of a felony.
(5) Failed to operate in the normal course of business for seven
consecutive business days or has terminated the business.
(6) Relocated or established a new or additional equipment dealer'
s place of business without the supplier's consent.
(7) Failed to satisfy any payment obligation as they come due and
payable to the supplier, failed to promptly account to the supplier
for any proceeds of the sale of equipment, or failed to hold such
proceeds in trust for the benefit of the supplier.
(8) Consistently engaged in business practices which are
detrimental to the consumer or supplier, including but not limited
to, excessive pricing, misleading advertising, failure to provide
service and replacement parts, or perform warranty obligations.
(9) After receiving notice from the supplier of its requirements
for reasonable market penetration based on the supplier's experience
in other comparable marketing areas, consistently failed to meet the
supplier's market penetration requirements, based upon available
record information.
(10) Consistently failed to meet building and housekeeping
requirements, or failed to provide adequate sales, service, or parts
personnel commensurate with the dealer agreement.
(11) Consistently failed to comply with the applicable licensing
laws pertaining to the products and services being represented for
and on the supplier's behalf.
22904. Every supplier shall provide to its equipment dealers, on an
annual basis, an opportunity to return a portion of their surplus
parts inventory for credit. The surplus procedure shall be
administered as follows:
(a) The supplier may notify its equipment dealers of a time
period, of at least 90 days' duration, during which time equipment
dealers may submit their surplus parts list and return their surplus
parts to the supplier. The designated period to return parts may be
staggered during the year for each equipment dealer at the supplier's
option.
(b) If a supplier has not notified an equipment dealer of a
specific time period for returning surplus parts within the preceding
12 months, then it shall authorize and allow the equipment dealer's
surplus parts return request within 60 days after receipt of such
request from the equipment dealer.
(c) Pursuant to the provisions of this section, a supplier must
allow surplus parts return authority on a dollar value of parts equal
to 10 percent of the total dollar value of parts purchased by the
equipment dealer from the supplier during the 12-month period
immediately preceding the notification to the equipment dealer by the
supplier of the surplus parts return program, or the month the
equipment dealer's return request is made, whichever is applicable.
The equipment dealer may elect to return a dollar value of the
equipment dealer's surplus parts equal to less than 10 percent of the
total dollar value of parts purchased by the equipment dealer from
the supplier during the preceding 12-month period, as provided in
this section.
(d) No obsolete or superseded part may be returned, but any part
listed in the supplier's current returnable parts list or any
superseded part that has not been the subject of the supplier's parts
return program at the date of notification to the equipment dealer
by the supplier of the surplus parts return program, or the date of
the equipment dealer's parts return request, whichever is applicable,
shall be eligible for return and the credit specified. However,
returned parts shall be in new and unused condition and shall have
been purchased by the equipment dealer from the supplier to whom they
are returned, unless no program for the return of such part has been
offered by the supplier.
(e) The minimum lawful credit to be allowed for returned parts
shall be 95 percent of the net price, as listed in the supplier's
current returnable parts list at the date of the notification to the
equipment dealer by the supplier of the surplus parts return program,
or the date of the equipment dealer's parts return request,
whichever is applicable.
(f) Applicable credit, pursuant to this section, must be issued or
furnished to the equipment dealer within 90 days after receipt of
the equipment dealer's returned parts by the supplier.
(g) The provisions of this section shall be supplemental to any
agreement between the equipment dealer and the supplier covering the
return of repair parts. This section does not prevent a supplier
from charging back to the dealer's account amounts previously paid or
credited as a discount incident to the dealer's purchase of goods.
Any repurchase, pursuant to this section, shall not be subject to the
provisions of the bulk sales law.
(h) The annual parts return provided for in this section may be
waived by a dealer.
22905. (a) Whenever a dealer agreement is terminated by
cancellation or nonrenewal, the supplier shall repurchase the
inventory as provided in this section. In addition, the supplier
shall repurchase at its fair market value or assume the lease
responsibilities of any specific data processing hardware that the
supplier required the equipment dealer to purchase to satisfy the
minimum requirements of the dealer agreement, including computer
systems equipment required and approved by the supplier to
communicate with the supplier, and repurchase at 75 percent of the
net cost specialized repair tools previously purchased, pursuant to
requirements of the supplier and held by the equipment dealer on the
date of termination. These specialized repair tools must be unique
to the supplier product line and must be complete and in usable
condition.
(b) The supplier shall pay 100 percent of the net cost of all new,
unsold, undamaged, and complete equipment which is resalable, less a
reasonable allowance for depreciation due to usage by the equipment
dealer and deterioration attributable to weather conditions at the
equipment dealer's location, less all programs and discounts
previously allowed and 95 percent of the current net price of all
new, unused, and undamaged repair parts and accessories which are
listed in the supplier's effective price list or catalog, less all
programs and discounts previously allowed by the supplier to the
equipment dealer. The supplier shall also pay the equipment dealer 5
percent of the current net price on all new, unused, and undamaged
repair parts returned, to cover the cost of handling, packing, and
loading. The supplier shall have the option of performing the
handling, packing, and loading of parts in lieu of paying the 5
percent charge imposed for these services and in this case, the
equipment dealer shall make available to the supplier, at the
equipment dealer's address or at the places at which it is located,
all equipment previously purchased by the equipment dealer.
(c) The provisions of this section shall not require the
repurchase from the equipment dealer of:
(1) Any repair part which has a limited storage life or is
otherwise subject to deterioration.
(2) Any single repair part which is priced as a set of two or more
items.
(3) Any repair part, which because of its condition, is not
resalable as a new part without repairing or reconditioning.
(4) Any inventory for which the equipment dealer is unable to
furnish evidence satisfactory to the supplier, of good title, free
and clear of all claims, liens, and encumbrances.
(5) Any inventory which the equipment dealer desires to keep,
including lease or rental equipment outstanding, provided the
equipment dealer has a contractual right to do so.
(6) Any equipment which is not in new, unused, undamaged, and
complete condition.
(7) Any equipment which has been used by the equipment dealer or
has deteriorated because of weather conditions at the equipment
dealer's location unless the supplier receives an allowance for such
usage or deterioration, except demonstrated equipment under 50 hours
usage, that is equipped with an hour meter and has not been
previously sold, shall be considered as new equipment.
(8) Any repair parts which are not in new, unused, and undamaged
condition.
(9) Any inventory which was ordered by the equipment dealer on or
after the date of receipt of the notification of termination of the
dealer agreement.
(10) Any inventory which was acquired by the equipment dealer from
any source other than the supplier, other than a successor in
interest provided in Section 22924.
(d) If any supplier shall fail or refuse to repurchase any
inventory covered under the provisions of this section within 90 days
after termination of a dealer agreement, the supplier shall be
liable for the total amount of 110 percent of the current net price
of the inventory, plus any freight charges paid by the equipment
dealer, interest at the statutory rate from the date of shipment to
the supplier, and 5 percent for handling, packing, and loading.
22906. (a) An equipment dealer, as defined in subdivision (b) of
Section 22901, is not entitled to establish a lien pursuant to this
chapter, unless that person has first sent to the lien debtor a
written notice, by certified mail, which states all of the following:
(1) The payment of the reasonable or agreed charges is more than
90 days overdue. This requirement does not apply to equipment
subject to repurchase that was returned to the supplier subsequent to
return of other equipment also subject to repurchase for which
payment is overdue.
(2) The amount of reasonable or agreed charges that are overdue.
(3) The lien debtor has the following three alternatives:
(A) Allow the lien to be filed.
(B) Enter into a consensual security interest in the proceeds,
pursuant to the Commercial Code.
(C) Pay the reasonable or agreed charges that are overdue.
(4) The lien debtor has 10 days from receipt of the notice to
select an alternative, notify the lien claimant of the alternative
selected, and satisfy all of the requirements of the selected
alternative. This part of the notice to the lien debtor shall be in
10-point type or bolder.
(5) The lien claimant may file the notice of claim of lien
pursuant to this chapter at any time thereafter if the lien debtor
does not comply with the requirements of this section.
(b) An equipment dealer who has complied with subdivision (a), has
a lien for payment of the repurchase amount payable under
subdivision (b) of Section 22905 and for the costs of enforcing the
lien.
(c) The lien established pursuant to this chapter attaches to the
proceeds of any sale of the equipment returned for repurchase.
(d) The amount of charges secured by the lien shall not exceed an
amount equal to the reasonable or agreed charges for the equipment as
set forth in Section 22905.
22907. Except as otherwise provided in this chapter, the notice of
lien shall remain in effect, and no new notice of claim of lien shall
be required in order to maintain the lien, as long as the equipment
dealer remains unpaid for the amounts secured by the lien.
22908. The lien created by this chapter shall be perfected and
shall be effective upon the filing of a notice claim of lien with the
Secretary of State pursuant to this chapter.
22909. The notice of claim of lien shall contain all of the
following information:
(a) The name and address of the lien claimant.
(b) The name and address of the lien debtor.
(c) The location of the property to which the equipment was
returned.
(d) A statement that the payment of reasonable or agreed charges
is more than 90 days overdue.
(e) The amount of the reasonable or agreed charges that are
overdue.
(f) A statement, signed under penalty of perjury, that the lien
claimant sent to the lien debtor the notice required pursuant to
subdivision (a) of Section 22906, that more than 10 days have elapsed
since the notice was received by the lien debtor, and that the lien
debtor has not complied with the requirements of subdivision (a) of
Section 22906.
(g) That the lien claimant has an equipment repurchase lien
pursuant to Section 22906.
22910. The notice of claim of lien shall be signed by the lien
claimant or by a person authorized to sign documents of a similar
kind on behalf of the claimant.
22911. The notice of a claim of lien shall be filed on a form which
is the standard form for the original financing statement prescribed
by the Secretary of State pursuant to Section 9502 of the Commercial
Code. The standard form shall be completed with the following
changes:
(a) The lien claimant may be identified either as a lien claimant
or as a secured party.
(b) The form shall be signed by the lien claimant and need not be
signed by the lien debtor.
(c) In the space for the description of the collateral there shall
instead be entered the information specified in subdivisions (c),
(d), (e), and (g) of Section 22909.
(d) Attached to the form shall be a separately signed statement
containing the information specified in subdivision (f) of Section
22909.
22912. The notice of claim of lien shall be filed, indexed, and
marked in the office of the Secretary of State in the same manner as
a financing statement is filed, indexed, and marked pursuant to
Sections 9516 and 9519 of the Commercial Code.
22913. The lien claimant shall provide written notice of the claim
of lien to the lien debtor within 10 days of the date of filing the
lien with the office of the Secretary of State.
22914. For the purpose of the Secretary of State's index pursuant
to Sections 9516 and 9519 of the Commercial Code and for the purpose
of the issuance of a certificate pursuant to Section 9523 or 9528 of
the Commercial Code, the Secretary of State shall identify a notice
pursuant to this article as a financing statement.
22915. (a) The lien created in this chapter shall have priority in
accordance with the time the notice of claim of lien is filed with
the Secretary of State.
(b) The lien created pursuant to this chapter shall have the same
priority as a security interest perfected by the filing of a
financing statement as of the date of notice of claim of lien was
filed with the Secretary of State.
(c) The lien created pursuant to this chapter shall not have
priority over labor claims for wages and salaries for personal
services which are provided by any employee to any lien debtor in
connection with the equipment supplied, the proceeds of which are
subject to the lien.
22916. A member of the public may obtain a certificate from the
Secretary of State identifying whether there is a lien on file and
any notice of claim of lien naming a particular debtor, and if so,
giving the date and time of the filing of each notice, and the names
and addresses of each lienholder in the certificate. The fee for the
certificate is the same as the fee for the certificate issued
pursuant to Section 9523 of the Commercial Code.
22917. A member of the public may obtain a copy of any notice of an
equipment repurchase lien, including notices affecting the notices
from the Secretary of State. The fee for these copies shall be the
same as that prescribed in Section 9525 of the Commercial Code.
22918. The lien claimant shall provide written notice to secured
creditors at least 30 days prior to enforcing the claim of lien. For
purposes of this section, "secured creditors" means any entity named
as a secured party in the financing statement filed with regard to
the debtor and which covers returned equipment.
22919. The lien claimant shall foreclose on a lien created by this
chapter only in an action to recover the reasonable or agreed
charges. The final judgment shall be enforced pursuant to Title 9
(commencing with Section 680.010) of Part 2 of the Code of Civil
Procedure.
22920. (a) When a lien claimant receives payment for the total
amounts secured by the lien, the lien claimant shall send the lien
debtor a statement that he or she no longer claims a security
interest under the notice of claim of lien, which shall be identified
by the date, names of parties thereto, and file number. If the
affected lienholder of record fails to send the termination statement
within 10 days, he or she is liable to the debtor for all actual
damages suffered by the debtor by reason of this failure, and if that
failure is in bad faith, for a penalty of one hundred dollars
($100).
(b) The filing officer shall mark each termination statement with
the date and time of the filing and shall index the statement under
the name of the lien debtor and under the file number of the original
lien. If the filing officer has a microfilm or other photographic
record of the lien and related filings, he or she may remove and
destroy the originals from the files at any time after receipt of the
termination statement. If the filing officer does not have the
record, he or she may remove and destroy the originals from the files
at any time after one year after receipt of the termination
statement.
22921. (a) A lien created pursuant to this chapter is assignable or
transferable by the holder of the lien, with full rights of
enforcement.
(b) The lienholder shall file a statement of assignment or
transfer with the office of the Secretary of State in the same manner
that a statement is filed pursuant to Section 9514 of the Commercial
Code.
22922. (a) Except to the extent specifically set forth in this
chapter, the lien created by this chapter is subject to Division 9
(commencing with Section 9101) of the Commercial Code.
(b) For the purposes of this chapter, as used in Division 9
(commencing with Section 9101) of the Commercial Code, the following
terms have the following meanings:
(1) "Secured party" refers to the equipment dealer, lien creditor,
lien claimant, or assignee thereof under this chapter.
(2) "Debtor" refers to the supplier, lien debtor, or debtor under
this chapter.
(3) "Collateral" refers to the equipment subject to the lien
created under this chapter.
(c) A security agreement is not necessary to make an equipment
repurchase lien created under this chapter enforceable.
(d) An equipment repurchase lien created under this chapter shall
not continue in the repurchased equipment following the disposition
thereof.
(e) The right of an equipment dealer to enforce the lien created
under this chapter shall be governed by this chapter and shall not be
governed by Chapter 6 (commencing with Section 9601) of Division 9
of the Commercial Code.
22923. The Secretary of State may adopt any regulations necessary
to carry out his or her duties pursuant to this chapter, including
prescribing necessary forms.
22924. (a) In the event of the death or incapacity of the equipment
dealer, which in this context shall mean an owner, equal or majority
partner, or the majority stockholder of a corporation, operating as
an equipment dealer, the supplier shall, at the option of the heirs
at law, if the equipment dealer died intestate, or the executor under
the terms of the deceased equipment dealer's last will and
testament, if the equipment dealer died testate, repurchase the
inventory from the estate as if the supplier had terminated the
dealer agreement and the inventory repurchase provisions of Section
22905 are applicable. The heirs or executor shall have six months
from the date of the death of the equipment dealer or majority
stockholder to exercise the option under this section. However,
nothing in this section shall require the repurchase of inventory, if
the heirs or executor and the supplier enter into a new dealer
agreement, or if a successor to the equipment dealer is established
pursuant to paragraph 2 of subdivision (j) of Section 22902. This
section shall be subject to that portion of the supplier's agreement
with the equipment dealer pertaining to death of the equipment dealer
or succession, to the extent the agreement is not inconsistent.
Nothing in this section shall entitle an heir or personal
representative of a deceased dealer or majority stockholder to
operate the dealership beyond the six months provided for in this
subdivision without the consent of the supplier.
(b) The provisions of this section shall be supplemental to any
agreement between the equipment dealer and the supplier covering the
return of equipment, attachments, and repair parts. Notwithstanding
anything contained in this section, the rights of a supplier to
charge back to the equipment dealer's account amounts previously paid
or credited as a discount incident to the equipment dealer's
purchase of inventory shall not be affected. Further, any repurchase
shall not be subject to the provisions of the bulk sales law.
22925. Any equipment dealer may bring an action against a supplier
in any court of competent jurisdiction for damages sustained by the
equipment dealer as a consequence of the supplier's violation of any
provisions of this chapter, together with costs and reasonable
attorney's fees. The equipment dealer may also be granted injunctive
relief against unlawful termination, cancellation, nonrenewal, and
change in competitive circumstances. The remedies set forth in this
action shall not be deemed exclusive and shall be in addition to any
other remedies permitted by law. This section is not intended to
affect current law pertaining to product liability actions.
22926. If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of this chapter which
can be given effect without the invalid provision or application, and
to this end the provisions of this chapter are severable.
22927. This act shall apply to dealer agreements in effect on the
effective date of this chapter that have no expiration date and that
are continuing agreements, and all other dealer agreements entered
into or renewed on or after the effective date of this chapter.
A provision in any contract or agreement with respect to a
supplier that requires jurisdiction or venue or forum outside of this
state or requires the application of the laws of another state is
void with respect to a claim otherwise enforceable under this
chapter.