Suppliers are
entitled to the following protections which are deemed to be
incorporated into every agreement of distributorship:
(1) Agreements between suppliers and wholesale distributors
shall be in writing;
(2) A wholesale distributor shall maintain the financial and
competitive capability necessary to achieve efficient and
effective distribution of the supplier's products;
(3) A wholesale distributor shall maintain the quality and
integrity of the supplier's product in the manner set forth by
the supplier;
(4) A wholesale distributor shall exert its best efforts to
sell the product of the supplier and shall merchandise such
products in the stores of its retail customers as agreed between
the wholesale distributor and supplier;
(5) The supplier may cancel or otherwise terminate any
agreement with a wholesale distributor immediately and without
notice if the reason for such termination is fraudulent conduct
in any of the wholesale distributor's dealings with the supplier
or its products, insolvency, the occurrence of an assignment for
the benefit of creditors, bankruptcy, or suspension in excess of
fourteen days or revocation of a license issued by the state
liquor board;
(6) A wholesale distributor shall give the supplier prior
written notice, of not less than ninety days, of any material
change in its ownership or management and the supplier has the
right to reasonable prior approval of any such change; and
(7) A wholesale distributor shall give the supplier prior
written notice, of not less than ninety days, of the wholesale
distributor's intent to cancel or otherwise terminate the
distributorship agreement.
[2009 c 155 § 2; 1984 c 169 § 3.]