Neil Davis, Group Service Director at Lister Wilder, added: “We partnered with Yamaha in 2019 to market and sell golf cars and light electric vehicles. The success of our distribution role of these products also led to our appointment as a distributor of MOUNTAIN Bikes. We can now celebrate the award of service concessionaire status and provide golf course operators with a tailor-made and comprehensive service. In California, the franchise relationship between automakers (and their dealers) and their auto dealers is governed by the California Vehicle Code.  The stated purpose of this act is “to avoid undue control of the independent dealer of new cars by the manufacturer or dealer of vehicles and to ensure that dealers meet their obligations under their franchise agreements and generally provide an adequate and sufficient service to consumers.”  Two types of disputes that often come into play are: (a) terminations by merchants; and (b) Merchant Transfers. Please visit the Terms and Conditions page of the Yamaha Motor Corporation U.S.A. (“Yamaha”) website. This page describes our legal agreement (the “Agreement”) that governs your use of the Yamaha Website on www.yamaha-motor.com (the “Yamaha Website” or the “Website”). The Commission has the power to consult and decide how car dealers challenge proposed terminations of dealership or franchise agreements by the manufacturer or dealer within the limits and in accordance with the rules of procedure set out in the Vehicle Code. However, section 3050 does not authorize the board of directors to hear or decide the common law or certain other legal claims of the Vehicle Code claimed by dealers against manufacturers/dealers. For example, the Board of Directors is not responsible for claims by dealers that the manufacturer or dealer unlawfully prevented the merchant from selling or transferring its franchise or unreasonably refused consent to the sale or transfer – in violation of section 11713.3.
 Powerhouses` right to claim and recover damages for Yamaha`s unreasonable refusal to approve the sale of powerhouse`s dealer and franchise is not affected by Powerhouse`s failure to comply with the Section 3060 procedure to challenge Yamaha`s termination. nor by the board`s decision on the speed of Powerhouse`s protest against termination.  Section 1171.3 prohibits a manufacturer or distributor from “preventing … or try to prevent.. any dealer who does not sell or otherwise transfer his or her interest in a dealer franchise to another person. Pursuant to section 1171.3, a manufacturer or distributor may seek consent to a franchise sale, but such approval “shall not be unreasonably withheld.”  In general, it can be said that it is not unreasonable for a manufacturer or distributor to refuse consent to a proposed transfer of a distributor`s franchise if: (a) the licensee is in material default under the concession agreement; or (b) the Dealer Agreement has already been terminated by the Manufacturer/Distributor. In the event of a dispute over the adequacy of a manufacturer/distributor`s refusal to engage in a sale or transfer, the trader must “bring an action directly before a competent court”.  In other words, the Chamber does not have jurisdiction and the dispute must be settled by a court. Yamaha Motor Europe N.V., Branch UK, has announced a service concession agreement with Lister Wilder, the Reading-based distributor of agricultural, arboriculture, construction, golf and soil care equipment. For example, under section 3060, a manufacturer or dealer may terminate a dealership contract if a motor vehicle dealer has failed to meet its sales and service obligations for seven consecutive business days, provided that the circumstances give reason to believe that the dealer is actually leaving the business. In these circumstances, Section 3060 requires the manufacturer/dealer, in its written notice of termination, to expressly inform the dealer that: (i) it “has the right to file a protest with the [Commission] in Sacramento and to hold a hearing at which [the dealer] may `protest` against the termination of [its] franchise under the California Vehicle Code” and (ii) the dealer must “protest” within 10 calendar days. following receipt of the submission of a written notification to the Board of Directors.
“Lister Wilder is the first of our distributors to sign a service dealer agreement and fits perfectly into a corporate philosophy that reflects Yamaha`s philosophy.” What happens if the board allows a manufacturer or dealer to terminate their dealer`s auto franchise agreement – because the dealer did not challenge the validity of the termination in time – but after the termination, it sues the manufacturer or dealer in court because it inappropriately refused to consent to the sale of the franchise? For customers outside the United States…