32 / 60
FRANCHISE LAW
30
for: (i) resale to any unit of government; or (ii) donation
or use by said dealer in a driver education program. This
paragraph shall not be construed to prevent the offering
of incentive programs or other discounts provided
such incentives or discounts are reasonably available to
all franchised motor vehicle dealers in this state on a
proportionately equal basis.
(h) To sell or offer to sell any new motor vehicle to any
person, except a distributor, at a lower actual price
therefor than the actual price offered and charged to
a franchised motor vehicle dealer for the same model
vehicle similarly equipped or to utilize any device which
results in such lesser actual price.
(i) To sell or offer to sell parts and/or accessories to any
franchised motor vehicle dealer at a lower actual price
therefor than the actual price offered to any other
franchised motor vehicle dealer for similar parts and/
or accessories for use in his own business. Provided,
however, that nothing herein contained shall be
construed to prevent a manufacturer or distributor, or
any agent thereof, from selling to a franchised motor
vehicle dealer, who operates and serves as a wholesaler
of parts and accessories, such parts and accessories as
may be ordered by such franchised motor vehicle dealer
for resale to retail outlets at a lower actual price than the
actual price offered a franchised motor vehicle dealer
who does not operate or serve as a wholesaler of parts
and accessories. This paragraph shall not be construed
to prevent the offering of incentive programs or other
discounts provided the franchisor demonstrates that
such incentives or discounts are reasonably available to
all franchised motor vehicle dealers in the state on a
proportionately equal basis.
(j) To prevent or attempt to prevent, by contract or
otherwise, any franchised motor vehicle dealer from
changing the capital structure of its dealership, or the
means by or through which it finances the operation of
its dealership, or finances the acquisition or retention
of inventory, provided the dealer at all times meets any
capital standards agreed to between the dealer and the
franchisor and as applied by the franchisor to all other
comparable franchised motor vehicle dealers of the
franchisor located within the state.