THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, BAKER, SOLOBAY, SCHWANK, ALLOWAY, RAFFERTY, YAW, WOZNIAK, EICHELBERGER, FOLMER, VOGEL AND FERLO, JUNE 23, 2011

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MARCH 26, 2012   

AN ACT

Amending the act of December 18, 1987 (P.L.412, No.86), entitled

"An act providing for the repurchase by the wholesaler,

manufacturer or distributor, from dealers or heirs of

dealers, of certain equipment, certain attachments and parts

held for sale upon termination of agreement whereby the

dealer agrees to maintain a stock of such implements,

attachments and parts, and for the repurchase of certain

tools," further providing for definitions, for termination of

dealer agreement and for death or incapacitation of dealer;

repealing provisions relating to coercion; and providing for 

unlawful acts by supplier, for remedies and enforcement and

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for waiver.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of December 18, 1987

(P.L.412, No.86), known as the Pennsylvania Fair Dealership Law, 

is amended to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Construction equipment manufacturer."  A manufacturer of

construction, industrial, forestry, paving and mining equipment,

repair parts or specialized repair tools that does not

manufacture consumer or farming equipment either by itself or

through an affiliate.

"Consumer equipment."  Machinery designed and manufactured

primarily for household use.

"Current net price."  The price, applicable to an individual

dealer, listed in the printed price list or catalog or invoice

in use by the supplier on the date the dealer agreement is

terminated or canceled or has failed to be renewed.

"Dealer."  Any person, firm or corporation engaged primarily

in the business of retail sale or repair of equipment. The term

includes the heir or authorized representative of a person or

majority stockholder of a corporation operating as a dealer in

the event such person or stockholder dies or becomes

incapacitated. The term does not include a person, firm or

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corporation that complies with all of the following:

(1)  Has purchased new equipment from a single The term

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does not include:

(1)  A person, firm or corporation engaged in the

business of selling garden supplies, household repair or

maintenance products, including consumer equipment.

(2)  A person, firm or corporation that complies with all

of the following:

(i)  Has purchased new equipment from a single

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construction equipment manufacturer, constituting no less

than 75% of the person's, firm's or corporation's new

equipment, calculated on the basis of net cost.

(2)  Has an annual average sales volume in excess of 

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(ii)  Has an annual average sales volume in excess of

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$100,000,000 over the seven-calendar-year period

immediately preceding the applicable determination date;

provided, however, the $100,000,000 threshold shall be

increased each year by an amount equal to the then-

current threshold multiplied by the percentage increase

in the index from January of the immediately preceding

calendar year to January of the current year.

(3)  Directly employs over 250 persons.

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(4)  Has a written agreement with a construction

(iii)  Directly employs over 250 persons.

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(iv)  Has a written agreement with a construction 

equipment manufacturer that requires the construction

equipment manufacturer to compensate the person, firm or

corporation for warranty labor costs either as:

(i)  a discount in the pricing of the equipment to

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(A)  a discount in the pricing of the equipment

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to the person, firm or corporation; or

(ii)  a lump sum payment to the person, firm or

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(B)  a lump sum payment to the person, firm or 

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corporation that is made within 90 days of the sale

of the construction equipment manufacturer's new

equipment.

"Dealer agreement."  An oral or written contract, franchise

agreement or security agreement between a dealer and supplier

whereby the dealer agrees to acquire from the supplier and to

maintain an inventory of equipment, repair parts or specialized

repair tools.

"Dual" or "dualing."  A dealership having two or more line-

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makes of equipment any of the following located in the same

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dealership facilities:

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(1)  Two or more line-makes of equipment.

(2)  Repair parts.

(3)  Warranty or repair services.

"Equipment."  Machines, implements of husbandry, golf, turf

and grounds maintenance machines, outdoor power equipment,

utility vehicles and machine attachments, accessories,

completing packages and bundles designed for or adapted and used

for agriculture, horticulture, floriculture, construction, 

livestock raising, silviculture, landscaping and grounds

maintenance, even though incidentally operated or used upon the

highways, including, but not limited to, tractors, farm

implements, loaders, backhoes, lawn mowers, rototillers, etc.,

and any business signs purchased by requirement of the supplier

which are less than five years old. The term shall not include[:

(1)  equipment manufactured solely for the purpose of

industrial construction; or

(2)]  all-terrain vehicles as defined in 75 Pa.C.S. §

7702 (relating to definitions).

"Farming equipment."  Machinery designed and used for

agricultural operations, including farm tractors, choppers,

balers, reapers, mowers, pickers, threshers, combines, plows,

harrows, planters and any other vehicles or machines primarily

designed for use as implements of husbandry or multipurpose

agricultural vehicles.

"Index."  The producer price index prepared by the United

States Department of Labor, Bureau of Labor Statistics, as it

relates to construction, mining and forestry equipment.

"Line-make."  Groups of equipment that are offered for sale,

lease or distribution under a common name, trademark, service

mark or brand name of the supplier of the same equipment.

"Mining equipment."  Machinery designed and used in the

production process at a mine site, including off-highway mining

trucks, large-wheel loaders, large track-type tractors, large-

wheel dozers, mining motor graders, open bowl scrapers and

underground mining trucks.

"Net cost."  The amount paid by the dealer to the supplier,

plus the cost of freight, if any, incurred by the dealer[.], as

long as the manufacturer initiates the termination or

nonrenewal. The term does not include the cost of freight if the

dealer initiates the termination or nonrenewal.

"Nonservicing dealer."  A dealer that sells equipment but

does not provide parts and service.

"Paving equipment."  Machinery designed and used for asphalt

paving, including asphalt pavers, cold planers, asphalt

compactors, pneumatic compactors and rotary mixers.

"Repair parts."  All parts, component parts and superseded

parts related to a sale and related to repair of equipment. The

term includes bundled parts, which means several related parts,

components or accessories, bound together as one inclusive item

or priced as an inclusive item.

"Site-control agreement" or "exclusive use agreement."  An

agreement that, regardless of its name, title, form or the

parties entering into it, has the effect of:

(1)  controlling the use and development of the premises

of a dealer's facility;

(2)  requiring a dealer to establish or maintain an

exclusive dealership facility on the premises of a dealer's

facility;

(3)  restricting the power or authority of the dealer or

the lessor if the dealer leases the dealership premises to

transfer, sell, lease, develop, redevelop or change the use

of the dealership premises, whether by sublease, lease,

collateral pledge of lease, right of first refusal to

purchase or lease, option to purchase or lease or any similar

arrangement; or

(4)  preventing the dealer from dualing a competitive

line-make of equipment at the same facility.

"Specialized repair tools."  Tools and equipment, including

diagnostic equipment, designed to be used or useful only in the

maintenance and repair of equipment.

"Supplier."  [A manufacturer of equipment or repair parts or

a wholesaler or distributor of equipment or repair parts who has

a valid existing contract with a manufacturer of equipment or

repair parts, including the successors or assigns of such

manufacturer, wholesaler or distributor.] A distributor,

manufacturer or wholesaler of equipment, repair parts or

specialized repair tools who enters into a dealer agreement with

a dealer.

Section 2.  Section 3(a), (c) and (f) of the act are amended

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and the section is amended by adding a subsection to read:

Section 2.  Sections 3(c) introductory paragraph and (f) and

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5 of the act are amended to read:

Section 3.  Termination of dealer agreement.

(a)  General provisions.--

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(1)  A dealer may terminate a dealer agreement with good

cause. A dealer shall give the supplier at least 30 days' 

prior notice via registered letter mailed to the last known

address of the supplier.

(2)  It shall be unlawful for a supplier to terminate,

cancel or fail to renew a dealer agreement or substantially 

change the competitive circumstances of a dealer agreement

without good cause except as provided in subsection (b) or

(c).

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(c)  Other exceptions.--[Subject to the provisions of this

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subsection, a supplier may terminate, cancel or fail to renew a

dealer agreement under such conditions as may be provided for in

[the] a dealer agreement that complies with this act. When a

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dealer agreement is terminated or canceled or has failed to be

renewed by the supplier under a condition provided for in the

dealer agreement, other than a condition set forth in subsection

(b), the] The supplier, upon written request of the dealer,

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shall pay to the dealer, or credit to the dealer's account if

the dealer has outstanding any sums owing the supplier:

(1)  A sum equal to 100% of the net cost of all equipment

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that the dealer purchased from the supplier and not

previously sold and put into regular use or service preceding

notification by either party of intent to cancel, terminate

or fail to renew the dealer agreement.

(2)  A sum equal to 100% of the current net price of

repair parts, including superseded repair parts, previously

purchased from the supplier and 75% of the current net price

of specialized repair tools previously purchased pursuant to

the requirements of the supplier and held by the dealer on

the date of termination, cancellation or failure to renew the

dealer agreement. In addition, the supplier shall pay the

dealer, or credit to the dealer's account if the dealer has

outstanding any sums owing the supplier, a sum equal to 5% of

the current net price of all repair parts, excluding incoming

freight cost, and specialized repair tools returned to the

supplier to compensate the dealer for the inventory, packing

and loading of the same to the supplier, provided that the

supplier may perform such inventory, packing and loading in

lieu of paying 5% to the dealer. Upon the payment or

allowance of credit to the dealer's account, as applicable,

in the sum required by this section, all of the dealer's

title and interest in and to the equipment, repair parts and

specialized repair tools shall pass to the supplier, and the

supplier shall be entitled to the possession of the same.

Payments or allowance of credit to the dealer, as applicable,

required by this section shall be made no later than 90 days

after such termination, cancellation or discontinuance or 60

days after the supplier's receipt of the equipment, repair

parts or specialized repair tools.

(3)  In the event a dealer terminates a dealer agreement,

the obligation of the supplier to repurchase equipment,

repair parts and specialized repair tools shall be governed

by the terms and conditions then in effect in the dealer

agreement between the supplier and the dealer and not by the

provisions of this act.

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(f)  Deficiencies may be cured.--Except for termination,

cancellation or discontinuance for reasons set forth in

subsection (b)(3) through (7), the supplier shall allow the

dealer no less than [60] 90 days to cure the deficiencies set

forth in the notice required under subsection (e). Any such time

provided to the dealer to cure deficiencies shall be calculated

from the date of receipt of notice.

(g)  Definition.--As used in this section, the term "good

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cause" means the failure by a dealer to substantially comply

with the requirements imposed upon the dealer by the dealer

agreement, as long as the requirements are not different from

requirements imposed on other dealers of the same size,

geographic region and market demographics, either by their terms

or in the manner of their enforcement.

Section 3.   Section 5 of the act is amended to read:

Section 5.  Death or incapacitation of dealer.

In the event of the death or incapacity of a dealer, the

supplier shall repurchase, at the option of the heir or

authorized representative of such person or stockholder, the

equipment, repair parts and specialized repair tools of the

dealer as if the supplier had terminated, canceled or failed to

renew the contract. The heir or authorized representative shall

have [120 days] one year from the date of the death of such

dealer or from the date such dealer is determined to be

incapacitated or becomes totally disabled, as applicable, to

exercise the option under this section. Nothing in this act

requires the repurchase of any equipment, repair parts and

specialized repair tools if the heir and supplier enter into a

new contract to operate the retail dealership.

Section 4 3.  Section 9 of the act is repealed:

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[Section 9.  No coercion.

It shall be a violation for any supplier to require, attempt

to require, coerce or attempt to coerce any dealer in this

Commonwealth to order or accept delivery of any equipment or

repair parts not required by law which shall not have been

voluntarily ordered by the dealer.]

Section 5 4.  The act is amended by adding sections to read:

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Section 9.1.  Unlawful acts by supplier.

(a)  Unlawful coercive acts.--It shall be a violation for any

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supplier, or any representative, officer or agent whatsoever of

such supplier to require, attempt to require, coerce or attempt

to coerce any dealer in this Commonwealth to:

(a)  Unlawful acts.--It shall be a violation for any supplier

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or any representative, officer or agent of the supplier to cause

or require any dealer, prospective dealer or owner of an

interest in a dealership or facility in this Commonwealth to:

(1)  Enter into a site-control agreement or exclusive use

agreement.

(2)  Provide for equipment repair parts or warranty or

repair services to be sold or provided in separate or

exclusive facilities.

(1) (3)  Order or accept delivery of any equipment, part

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or accessory thereof, equipment or any other commodity not

required by law which shall not have been voluntarily ordered

by the dealer, except that this paragraph is not intended to

modify or supersede any terms or provisions of the dealer

agreement requiring dealers to market a representative line

of equipment which the supplier is publicly advertising.

(2) (4)  Order or accept delivery of any equipment with

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special features, accessories or equipment not included in

the list price of such equipment as publicly advertised by

the supplier.

(3)  Participate monetarily in an advertising campaign or

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contest or to purchase unnecessary or unreasonable quantities

of any promotional materials, training materials, showroom or

other display decorations or materials at the expense of the

dealer.

(4)  Enter into any agreement with the supplier or to do

any other act prejudicial to the dealer by threatening to

terminate or not renew a dealer agreement or any other

contractual agreement existing between the dealer and the

supplier, except that this paragraph is not intended to

preclude the supplier from insisting on compliance with the

reasonable terms or provisions of the dealer agreement or any

other contractual agreement and notice in good faith to any

dealer of the dealer's violation of such terms or provisions

shall not constitute a violation of this act.

(5)  Change the capital structure of the dealer or the

means by or through which the dealer finances the operation

of the dealership, provided that the dealer at all times

meets any reasonable capital standards determined by the

supplier in accordance with uniformly applied criteria, and

also provided that no change in the capital structure shall

cause a change in the principal management or have the effect

of a sale of the dealership without the consent of the

supplier. The consent shall be granted or denied within 60

days of receipt of a written request from the dealer.

(6)  Refrain from participation in the management of,

investment in or the acquisition of any other line-make of

equipment or related products. This paragraph does not apply

unless the dealer maintains a reasonable line of credit for

each line-make of equipment, the dealer remains in compliance

with the reasonable terms of the dealer agreement and any

reasonable facilities requirements of the supplier, and no

change is made in the principal management of the dealer. The

reasonable facilities requirements shall not include any

requirement that a dealer establish or maintain exclusive

facilities, personnel or display space when such requirements

or any of them would be unreasonable in light of economic

conditions and would not otherwise be justified by reasonable

business considerations. Before the addition of a line-make

to the dealership facilities, the dealer shall first request

the consent of supplier if required by the dealer agreement.

Any decision of the supplier with regard to dualing of two or

more line-makes shall be rendered within 60 days of receipt

of a written request from the dealer. Failure on the part of

the supplier to timely respond to a dualing request shall be

deemed an approval of the dealer's request. No supplier shall

limit or restrict the addition of a line-make to the

dealership facilities where the dealer maintains a reasonable

line of credit for that supplier's like-make of equipment and

the dealer remains in compliance with the reasonable terms of

the dealer agreement and any reasonable facilities

requirements of a supplier.

(7)  Prospectively assent to a release, assignment,

novation, waiver or estoppel which would relieve any person

from liability to be imposed by this act or to require any

controversy between a dealer and a supplier to be referred to

any person other than the duly constituted courts of this

Commonwealth or the United States, if such referral would be

binding upon the dealer. A dealer and the supplier, by

themselves or through their respective counsel, are permitted

to agree to execute a written agreement or to arbitrate in a

binding or nonbinding manner after a controversy arises.

(5)  Except as provided under section 3(b), to enter into

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any agreement by requiring the waiver of any provision of

this act or to do any other act prejudicial to the dealer by

threatening to terminate or not renew a dealer agreement or

any other contractual agreement existing between the dealer

and the supplier.

(8) (6)  Expand, construct or significantly modify

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facilities without assurances that the supplier will provide

a reasonable supply of equipment within a reasonable time so

as to justify such an expansion in light of the market and

economic conditions or require a separate facility for the

sale or service of a line-make of equipment if the market and

economic conditions do not clearly justify the separate

facility.

(b)  Violations.--It shall be a violation for any supplier,

or any representative, officer or agent whatsoever of such

supplier under the act to:

(1)  Delay, refuse or fail to deliver equipment or parts

or accessories in a reasonable time and in reasonable

quantity relative to the dealer's facilities and sales

potential after acceptance of an order from a dealer having a

dealer agreement for the retail sale of any equipment sold or

distributed of an order from a dealer having a dealer

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agreement for the retail sale of any equipment sold or

distributed by the supplier as are covered by such dealer

agreement, if such equipment, parts or accessories are

publicly advertised as being available for immediate

delivery. There is no violation if the failure is caused by

acts or causes beyond the control of the supplier.

(2)  Unfairly discriminate among its dealers with respect

to warranty, recall, service contract or any other service

required by the supplier with regard to labor or parts

reimbursement.

(3)  Unreasonably withhold consent to the sale, transfer

or exchange of the dealership to a qualified buyer capable of

being a dealer in this Commonwealth who meets the supplier's

reasonable requirements for appointment as a dealer.

(4)  Arbitrarily and capriciously Unreasonably withhold

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consent to the relocation of an existing dealership.

(5)  Fail to respond approve or deny in writing to a

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request for consent as specified in paragraphs (3) and (4)

within 60 days of receipt of a written request on the forms,

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if any, generally utilized by a supplier for such purposes

and containing the information required. The failure to

respond shall be deemed to be approval of the request. A

supplier shall acknowledge in writing to the applicant the

receipt of the forms, and, if the supplier requires

additional information to complete its review, the supplier

shall notify the applicant within 15 days of the receipt of

the forms. If the supplier fails to request additional

information from the applicant within 15 days after receipt

of the initial forms, the 60-day time period for approval

shall be deemed to run from the initial receipt date,

otherwise, the 60-day time period for approval shall run from

receipt of the supplemental requested information. In no

event shall the total time period for approval exceed 75 days

from the date of the receipt of the initial forms.

(6)  Prevent or attempt to prevent by contract or

otherwise any dealer from changing the executive management

control of the dealer unless the supplier, having the burden

of proof, can show that such change of executive management

will result in executive management or control by a person or

persons who are not of good moral character or who do not

meet reasonable, preexisting, and, with consideration given

to the volume of sales and service of the dealership,

uniformly applied minimum business experience standards.

Where the supplier rejects a proposed change in executive

management control, the supplier shall give written notice of

its reasons to the dealer within 60 days of notice to the

supplier by the dealer of the proposed change, otherwise, the

change in the executive management of the dealer shall be

presumptively deemed approved.

(7)  Offer in connection with a sale of equipment to the

Federal Government, the Commonwealth or any political

subdivision thereof any discounts, refunds or any other type

of inducement to any dealer without making the same offer or

offers available to all other of its dealers within this

Commonwealth. This paragraph shall not be construed to

prevent the offering of incentive programs or other discounts

if the discounts are equally available to all dealers in this

Commonwealth on a proportionally equal basis.

(8)  Fail to indemnify its dealers, notwithstanding the

terms of any dealer agreement, against any judgment for

damages or settlement approved in writing by the supplier,

including, but not limited to, court costs and reasonable

attorney fees of the dealer, arising out of complaints,

claims or lawsuits, including, but not limited to, strict

liability, negligence, misrepresentation, express or implied

warranty or rescission of the sale as defined in 13 Pa.C.S. §

2608 (relating to revocation of acceptance in whole or in

part) to the extent that the judgment or settlement relates

solely to the alleged defective or negligent functions by the

supplier beyond the control of the dealer.

(9) (6)  Sell or exchange with a second or final stage

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supplier, retail consumer or end user except through a

licensed dealer. This paragraph shall not apply to supplier

sales of equipment to the Federal Government, charitable

organizations and employees of the supplier.

(10) (7)  Modify a dealer agreement during the term of

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the dealer agreement or upon its renewal if the modification

substantially and adversely affects the dealer's rights,

obligations, investment or return on investment without

giving 60 days' written notice of the proposed modification

to the dealer unless the modification is required by law or

court order. The supplier shall provide in the written notice

the good cause and relevant factors of the proposed dealer

agreement modification, including, but not limited to:

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(i)  The reasons for the proposed modification.

(ii)  Whether the proposed modification is applied to

or affects all dealers in a nondiscriminatory manner.

(iii)  Whether the proposed modification will have a

substantial and adverse effect upon the dealer's

investment or return on investment.

(iv)  Whether the proposed modification is in the

public interest.

(v)  Whether the proposed modification is necessary

to the orderly and profitable distribution of products by

the supplier.

(vi)  Whether the proposed modification is offset by

other modifications beneficial to the dealer.

(11)  Fail or refuse to offer to its dealers all new

model equipment manufactured for that line-make or require

any of its dealers to pay an unreasonable fee, unreasonably

remodel or renovate the dealer's existing facilities,

unreasonably purchase or construct a new facility,

unreasonably purchase parts, supplies, tools, equipment,

operational services, other merchandise or unreasonably

participate in training programs in order to receive any

equipment, parts or accessories. It shall not be a violation

of this paragraph if the supplier fails to supply dealers

with equipment, parts or accessories due to circumstances

beyond the control of the supplier, including, but not

limited to, strike or labor difficulty, shortage of

materials, freight embargo or temporary lack of capacity.

(12) (8)  Operate a system for the allocation of

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equipment which is not reasonable or fair to a dealer. Upon

the written request of any of its dealers, a supplier shall

disclose to the dealer the method on which the equipment is

allocated among the dealers of the same line-make. The

supplier has the burden of establishing the fairness of its

allocation.

(13) (9)  Own, operate or control, either directly or

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indirectly, any equipment warranty facility. Nothing is this

subsection shall prohibit any supplier from owning, operating

or controlling any warranty facility for warranty repairs on

equipment owned or operated by the supplier.

(14)  Compel a dealer through a finance subsidiary of the

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supplier to agree to unreasonable operating requirements or

to directly or indirectly terminate a dealer through the

actions of a finance subsidiary of the supplier. This

paragraph shall not limit the right of a financing entity to

engage in business practices in accordance with the trade of

retail or wholesale equipment financing.

(15)  Use any subsidiary corporation, affiliated

corporation or any other controlled corporation, partnership,

association, entity or person to accomplish what would

otherwise be illegal conduct under this act on the part of

the supplier.

(16) (10)  Vary the price charged to any of its dealers,

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which has the effect of causing a difference in the price of

any similarly equipped equipment to its dealers or to the

ultimate purchaser. This paragraph shall not be construed to

prevent the offering of incentive programs or other discounts

if the incentive or discounts are available to all competing

dealers of the same line-make in this Commonwealth on a

proportionately equal basis.

(17)  (i)  Directly or indirectly condition any of the

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following actions on a dealer, prospective dealer or

owner of an interest in a dealership or facility to enter

into a site-control agreement or exclusive use agreement:

(A)  awarding of a dealership to a prospective

dealer;

(B)  adding of a line-make or dealership to an

existing dealer's facility;

(C)  renewal of an existing dealer's dealer

agreement;

(D)  approving of the relocation of an existing

dealer's facility; or

(E)  approving of the sale or transfer of a

dealer's ownership of a dealership or facility.

(ii)  Nothing in this paragraph prohibits a dealer,

prospective dealer or owner of an interest in a

dealership or facility from voluntarily entering into

such an agreement for other consideration. However, a

provision contained in an agreement which is not

voluntarily entered into by a dealer, prospective dealer

or owner of an interest in a dealership or facility on or

after the effective date of this paragraph that is

inconsistent with the provisions of this section shall be

a violation of this act.

Section 9.2.  Remedies and enforcement.

The provisions of this act shall be supplemental to any

dealer agreement between the dealer and the supplier which

provides the dealer with greater protection. The dealer may 

elect to pursue its contract remedy or the remedy provided by

State law, or both; and an election by the dealer to pursue such

remedies shall not bar its right to exercise any other remedies

that may be granted at law or in equity. If a supplier violates

this act, a dealer may bring an action against the supplier in a

court of competent jurisdiction for damages sustained by the

dealer as a consequence of the supplier's violation, including

consequential damages and incidental damages, court costs,

attorney fees and costs of arbitrators. The dealer also may be

granted injunctive relief against unlawful termination,

cancellation, nonrenewal or substantial change of competitive

circumstances. The remedies set forth in this section shall not

be deemed exclusive and shall be in addition to any other

remedies permitted by law.

Section 9.3.  Waiver.

(a)  Waiver of act void.--An attempted waiver of a provision

of this act shall be void. Any provision in a dealer agreement

that purports to elect the application of the law of a state

other than Pennsylvania shall be void. Any provision in a dealer

agreement that requires a dealer to pay attorney fees incurred

by a supplier shall be void.

(b)  Waiver of right to trial by jury.--No supplier may

Section 9.2.  Waiver.

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No supplier may require a dealer to waive the right to a

trial by jury as a remedy to a supplier and dealer contract or

agreement dispute.

Section 6 5.  This act shall take effect immediately.

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