§ 10-1-732 - Unilateral amendment, cancellation, termination, refusal to renew, or causing resignation from agreement for good cause
               	 		
O.C.G.A.    10-1-732   (2010)
    10-1-732.    Unilateral amendment, cancellation, termination, refusal to  renew, or causing resignation from agreement for good cause 
      (a)  Notwithstanding  the terms, provisions, or conditions of any agreement, no supplier  shall unilaterally amend, cancel, terminate, or refuse to continue to  renew any agreement, or unilaterally cause a dealer to resign from an  agreement, unless the supplier has first complied with the provisions of  this article and good cause exists for amendment, termination,  cancellation, nonrenewal, noncontinuance, or causing a resignation.  The  term "good cause" shall not include the sale or purchase of a supplier.   The term "good cause" shall be limited to withdrawal by the supplier,  its successors, and assigns of the sale of its products in Georgia or  multiline dealer performance deficiencies including, but not limited to,  the following:
      (1)  Bankruptcy or receivership of the multiline dealer;
      (2)  Assignment  for the benefit of creditors or similar disposition of the assets of  the dealer, other than the creation of a security interest in the assets  of a multiline dealer for the purpose of securing financing in the  ordinary course of business; or
      (3)  (A)  Failure by the multiline dealer to comply substantially, without  reasonable cause or justification, with any reasonable and material  requirement imposed upon such dealer in writing by the supplier,  including, but not limited to, a substantial failure by a multiline  dealer to:
                  (i)  Maintain a sales  volume or trend of his supplier's product line or lines comparable to  that of other similarly situated dealers of that product line; or
                  (ii)  Render  services comparable in quality, quantity, or volume to the services  rendered by other dealers of the same product or product line similarly  situated.
            (B)  In any determination as  to whether a multiline dealer has failed to comply substantially,  without reasonable excuse or justification, with any reasonable and  material requirement imposed upon such dealer by the supplier,  consideration shall be given to the relative size, population,  geographical location, number of retail outlets, and demand for the  products applicable to the market area of the multiline dealer in  question and to comparable market area.
(b)  No  supplier shall be required to give notice or show good cause pursuant  to subsection (a) of this Code section to amend unilaterally agreements  with multiline dealers to comply with federal or state law or, where not  inconsistent with this article, to amend uniformly agreements as to all  multiline dealers of the supplier in question in all states in which  the supplier is marketing its products.
(c)  In  any dispute as to whether a supplier has acted with good cause as  required by this Code section, the supplier shall have the burden of  proof to establish that good cause existed.