Section 37-5-8 - Failure to pay dealer on cancellation of contract-Action by dealer-Applicability of sectionIf any manufacturer, wholesaler, or distributor of merchandise or repair parts for the merchandise, or their successors, upon cancellation of a contract by either a dealer or a manufacturer, wholesaler, or distributor, or their successor, fails or refuses to make payment to the dealer as is required by § 37-5-5, or refuses to supply merchandise or repair parts for the merchandise to a dealer, the manufacturer, wholesaler, or distributor, or their successor, is liable in a civil action to be brought by the dealer for one hundred percent of the net cost of the merchandise, plus transportation charges which have been paid by the dealer and ninety-five percent of the current net price of repair parts for the merchandise, plus five percent for handling and loading plus freight charges which have been paid by the dealer, and plus charges for any specialized computer hardware and software, specialized tool, and signage as specified in § 37-5-5.5.
This section applies to the following contracts:
(1) In the case of any contract covering farm implements, machinery, and attachments or automobiles, trucks, motor homes, or travel trailers of the type and kind required to be titled and registered under chapters 32-3 and 32-5, any contract dated after July 1, 1969, and any contract with no expiration date or any continuing contract in effect on July 1, 1969;(2) In the case of any contract covering industrial and construction equipment and attachments, any contract dated after July 1, 1970, and any contract with no expiration date or any continuing contract in effect on July 1, 1970;(3) In the case of any contract covering motorcycles, any contract dated after July 1, 1973, and any contract with no expiration date or any continuing contract in effect on July 1, 1973;(4) In the case of contracts covering office furniture, equipment, and supplies, any contract dated after July 1, 1995, and any contract with no expiration date or any continuing contract in effect on July 1, 1995;(5) In the case of any contract covering boats, personal watercraft, all-terrain vehicles, or snowmobiles, any contract dated after July 1, 2000, and any contract with no expiration date or any continuing contract in effect on July 1, 2000;(6) In the case of any contract covering outdoor power equipment and attachments, any contract dated after July 1, 2001, and any contract with no expiration date or any continuing contract in effect on July 1, 2001; and(7) In the case of any contract covering temperature control units and hybrid auxiliary idle reduction and temperature management systems, any contract dated after July 1, 2008, and any contract with no expiration date or any continuing contract in effect on July 1, 2008.SL 1969, ch 206, § 3; SL 1970, ch 219, § 6; SL 1973, ch 200, § 2; SDCL Supp, § 37-5-1.1; SL 1989, ch 336, § 3; SL 1995, ch 228, § 6; SL 2000, ch 201, §3; SL 2001, ch 212, §5; SL 2004, ch 254, §11; SL 2008, ch 202, §1.