                                 CODE OF VIRGINIA

FAILURE TO REPURCHASE; CIVIL REMEDY (§ 59.1-352.10)

A. If a supplier fails or refuses to repurchase any inventory covered under the
provisions of this chapter within the time periods established in &#xA7;
59.1-352.5, the supplier shall be civilly liable for one hundred percent of the
current net price of the inventory, any freight charges paid by the dealer, the
dealer&#8217;s reasonable attorney&#8217;s fee and court costs, and interest on
the current net price of the inventory computed at the legal rate of interest
from the ninety-first day after termination of the agreement.

B. Notwithstanding any agreement to the contrary, and in addition to any other
legal remedies available, any person who suffers monetary loss due to a
violation of this chapter or because he refuses to accede to a proposal for an
arrangement that, if consummated, is in violation of this chapter, may bring a
civil action to enjoin further violations and to recover damages sustained by
him together with the costs of the suit, including a reasonable attorney&#8217;s
fee.

C. The provisions of &#xA7;&#xA7; 59.1-352.3 through 59.1-352.8 shall not be
waivable in any contract or agreement, and any such attempted waiver shall be
null and void.

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

HISTORY: 2002, c. 898.