{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-245a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-245A","heading":"Prohibited acts","body":"It shall be a violation of the Fair Practices of Equipment\n\nManufacturers, Distributors, Wholesalers and Dealers Act for a\n\nsupplier to take any one or more of the following actions:\n\n1. To coerce, compel or require any dealer to accept delivery\n\nof any equipment or repair parts which the dealer has not\n\nvoluntarily ordered, except as required by any applicable law or\n\nunless such equipment or repair parts are safety features required\n\nby a supplier;\n\n2. To require any dealer to purchase goods or services as a\n\ncondition to the sale by the supplier to the dealer of any\n\nequipment, repair parts or other goods or services, provided that\n\nnothing herein shall prohibit a supplier from requiring the dealer\n\nto purchase all repair parts, special tools and training reasonably\n\nnecessary to maintain the safe operation or quality of operation in\n\nthe field of any equipment offered for sale by the dealer;\n\n3. To prevent a dealer from being a party to a dealer agreement\n\nor holding an investment in a person that is a party to such a\n\ndealer agreement, that authorizes the dealer to sell competing\n\nproduct lines or makes of equipment or prevents a dealer from\n\nperforming the dealer’s obligations under such dealer agreement, or\n\nto require a dealer to provide separate facilities for competing\n\nproduct lines or makes of equipment. If a dealer purchased\n\nequipment from a supplier constituting eighty percent (80%) of the\n\ndealer’s new equipment, calculated on the basis of net equipment\n\ncost, at all retail sales facilities operated by such dealer and the\n\ntotal annual sales volume of equipment acquired from such supplier\n\nexceeds Forty Million Dollars ($40,000,000.00), subject to\n\nadjustment after the effective date of this act on the same basis as\n\ncalculated in subparagraph b of paragraph 16 of Section 245 of this\n\ntitle for single-line dealers, at such retail sales facilities for\n\nthe five (5) calendar years immediately preceding the applicable\n\ndetermination date, then it shall not be a violation of this section\n\nto the extent the dealer is prevented from selling major competing\n\nproduct lines or makes of equipment at such retail sales facilities\n\nof the dealer authorized to sell new equipment acquired from the\n\nsupplier seeking to impose the restriction on sales of major\n\ncompeting product lines or makes of equipment;\n\n4. To refuse to deliver in reasonable quantities and within a\n\nreasonable time, after receipt of the dealer’s order, to any dealer\n\nhaving a dealer agreement for the retail sale of new equipment sold\n\nor distributed by such supplier, equipment covered by such dealer\n\nagreement specifically advertised or represented by such supplier to\n\nbe available for immediate delivery. The failure to deliver any\n\nsuch equipment will not be considered a violation of the Fair\n\nPractices of Equipment Manufacturers, Distributors, Wholesalers and\n\nDealers Act if such failure is due to prudent and reasonable\n\nrestrictions on extensions of credit by the supplier to the dealer,\n\nan act of nature, work stoppage or delay due to a strike or labor\n\ndifficulty, a bona fide shortage of materials, freight embargo, or\n\nother cause over which the supplier has no control or a business\n\ndecision by the supplier to limit the production volume of the\n\nequipment;\n\n5. To discriminate, directly or indirectly, in filling an order\n\nplaced by a dealer for retail sale or lease of new equipment under a\n\ndealer agreement as between dealers of the same product line;\n\n6. To discriminate, directly or indirectly, in price between\n\ndifferent dealers with respect to purchases of equipment or repair\n\nparts of like grade and quality and identical brand, where the\n\neffect of such discrimination may be to substantially lessen\n\ncompetition, tend to create a monopoly in any line of commerce, or\n\ninjure, destroy or prevent competition with any dealer who either\n\ngrants or knowingly receives the benefit of such discrimination;\ntween\n\ndifferent dealers with respect to purchases of equipment or repair\n\nparts of like grade and quality and identical brand, where the\n\neffect of such discrimination may be to substantially lessen\n\ncompetition, tend to create a monopoly in any line of commerce, or\n\ninjure, destroy or prevent competition with any dealer who either\n\ngrants or knowingly receives the benefit of such discrimination;\n\nprovided, however, different prices may be charged if:\n\na. such differences are due to differences in the cost of\n\nmanufacture, sale or delivery of the equipment or\n\nrepair parts,\n\nb. the supplier can show that its lower price was made in\n\ngood faith to meet an equally low price of a\n\ncompetitor, or\n\nc. such differences are related to the volume of\n\nequipment purchased by dealers or market share\n\nobtained by dealers;\n\n7. To prevent by contract or otherwise, any dealer from\n\nchanging its capital structure or the means by or through which the\n\ndealer finances its operations, so long as the dealer gives prior\n\nnotice to the supplier, and provided the dealer at all times meets\n\nany reasonable capital standards required by the supplier pursuant\n\nto a right granted in the dealer agreement and imposed on similarly\n\nsituated dealers; and\n\n8. To require a dealer to assent to a release, assignment,\n\nnovation, waiver, or estoppel which would relieve any person from\n\nliability imposed by the Fair Practices of Equipment Manufacturers,\n\nDistributors, Wholesalers and Dealers Act.","path":["OK Code","Title 15"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"517d43f1f1793cd5bd1ea31a8f8aaeb6bb840c3c924da8fc03a5353ad620fe62","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-245","next":"us-ok/okla.-stat.-tit.-15-15-245a.1"},"notice":"GroundRules: Original legal text. Not legal advice."}