Nebraska Revised Statute 60-1471

Chapter 60

60-1471.

Manufacturer or distributor; coercive action; prohibited; burden of proof.

(1) For purposes of this section, coerce includes, but is not limited to:

(a) Threatening to initiate a termination action or not renew a manufacturer-dealer agreement without good cause;

(b) Threatening to withhold any product as an inducement to amending the manufacturer-dealer agreement; and

(c) Delaying the delivery of any product as an inducement to amending the manufacturer-dealer agreement.

(2) A manufacturer or distributor shall not coerce or attempt to coerce any dealer to:

(a) Purchase any product that the dealer did not order;

(b) Enter into any agreement with the manufacturer or distributor;

(c) Take any action that is unfair or unreasonable to the dealer;

(d) Enter into any agreement that requires the dealer to submit to binding arbitration or otherwise waive any right or responsibility provided under the Recreational Vehicle Industry Regulation Act; or

(e) Forego exercising a right authorized by a manufacturer-dealer agreement or any law governing the manufacturer, distributor, or dealer.

(3) The dealer bears the burden of proof regarding any coercive action by a manufacturer or distributor that is prohibited under this section.

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