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Check the dealer definition and combined exclusion
Chapter 28-24 can cover continuing oral/written and express/implied rights to sell, distribute or service a supplier’s equipment. The dealer must meet the Idaho primarily retail sale and/or service definition. Specified outdoor-power, industrial and construction equipment can qualify; using a machine for cleaning alone does not.
The industrial/construction-dealer exclusion requires all stated conditions: the primary-business condition, at least 75% of total new-product inventory bought from one supplier, and annual average sales exceeding $20 million with that supplier over the preceding three years in the responsible territory. The product category alone is insufficient.
Ordinary notice and cure have different exceptions
Section 28-24-104 requires written notice stating good-cause reasons. The ordinary process gives at least 90 days’ advance notice and 90 days to cure, with protection against early agreement expiry in the specified circumstances.
Notice exceptions refer to subsection (2)(a)–(e), while cure exceptions refer to (a)–(d). An exception to one period does not automatically remove the other. The ground, evidence and comparable dealer requirements matter.
Weak sales are not the same as a nearby appointment
For market-penetration action, section 104(3) has a separate one-year notice and reasonable supplier-assistance stage, followed by the specified 180-day notice if its conditions remain. A generic poor-sales letter does not complete it.
Section 104A separately requires notice to identified existing dealers for a new or relocated dealership. Assigned areas matter; the 75-mile alternative applies where no area is assigned. That notice does not create exclusivity.
Section 103 also addresses coerced amendments, substantial-renovation conditions, product-line changes and other supplier conduct.
Scope
- Limited to the named Chapter 28-24 provisions. General franchise-sales, other product-line, contract and dispute rules are not resolved.
Next step
Choose the actual proposed action only after testing coverage, then apply its own notice, correction or assistance conditions.
Sources & review notes
Idaho Legislature
Passage, dates and research notes
primary · Complete 9-page chapter, especially 28-24-102–104A and 107–108
primarily engaged in the retail sale and/or service of equipment
Read complete actual chapter, all operative provisions and histories. Official section page says statutes update July 1 following the session. Coverage includes service rights and a combined three-part industrial/construction-dealer exclusion. Notice exceptions in 104(1) use(a)–(e), cure exceptions use(a)–(d); market-penetration process is separate. No inference about every service business or general franchise sales law.
Detailed rule records (2)
Apply 28-24-102 to the actual supplier, continuing commercial relationship and primarily retail sale and/or service operation. The industrial/construction exclusion requires all listed primary-business, single-supplier inventory and sales-volume conditions.
Idaho Code Title 28 Chapter 24 — supplier/equipment-dealer agreementsCovered suppliers need good cause and the applicable written notice/reasons/cure process. Ordinary 90-day notice and 90-day cure have different exception sets; market-penetration claims have a separate one-year assistance process followed by a 180-day notice branch.
Idaho Code Title 28 Chapter 24 — supplier/equipment-dealer agreementsKeep this reading in your learning library.
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