30 Miss. Code. R. 1301-2.6 - Payment to motor vehicle dealers for performance of their delivery and preparation obligation

It is legislative intent of the Act that the work and services performed by dealers as required of them by their manufacturers in preparing vehicles for delivery to the ultimate consumer is a continuation and finalization of the manufacturing and inspection process by such dealers for such manufacturers, and that since subsection A(9) of Section 6 of the Act is mandatory in its requirement that manufacturers shall pay their dealers a reasonable sum for such work and services any device used by such manufacturers to avoid such payment shall be deemed a violation of the letter, spirit and intent of the Act. Each manufacturer with respect to vehicles upon such work and services are preformed shall make payment within the time and in the manner following.

1. Payment shall be made either in cash or by check, or, if a dealer is from time to time routinely indebted to the manufacturer in the normal course of business, by a credit to the dealer's account.

2. Payment shall be made or credit allowed, as the case may be, within 30 days from the date the dealer's statement for such work and services is approved.

3. If payment is made by way of credit, or partly by the way of credit and partly by cash or check, the dealer shall be mailed a credit memorandum in the amount of the credit within 30 days from the date the dealer's statement for work and services if approved.

4. Dealers' claims for such work and services shall be either approved or disapproved within 30 days after their receipt by the manufacturer, its agents, or employees, and when any such claims are disapproved, the dealer who submits the same shall be notified in writing of their disapproval within said period of time, and such notice shall state the specific grounds upon which the disapproval is based.

Notes

30 Miss. Code. R. 1301-2.6

Miss. Code Ann. § 63-17-69 (Rev.1983).