59.1-352.10 - Failure to repurchase; civil remedy. - Virginia Statutes

§ 59.1-352.10. Failure to repurchase; civil remedy.

A. If a supplier fails or refuses to repurchase any inventory covered underthe provisions of this chapter within the time periods established in §59.1-352.5, the supplier shall be civilly liable for one hundred percent ofthe current net price of the inventory, any freight charges paid by thedealer, the dealer's reasonable attorney's fee and court costs, and intereston the current net price of the inventory computed at the legal rate ofinterest from the ninety-first day after termination of the agreement.

B. Notwithstanding any agreement to the contrary, and in addition to anyother legal remedies available, any person who suffers monetary loss due to aviolation of this chapter or because he refuses to accede to a proposal foran arrangement that, if consummated, is in violation of this chapter, maybring a civil action to enjoin further violations and to recover damagessustained by him together with the costs of the suit, including a reasonableattorney's fee.

C. The provisions of §§ 59.1-352.3 through 59.1-352.8 shall not be waivablein any contract or agreement, and any such attempted waiver shall be null andvoid.

D. A civil action commenced under the provisions of this chapter shall bebrought within four years after the violation complained of is or reasonablyshould have been discovered, whichever occurs first.

(2002, c. 898.)