07 Nov Dealer Statutes: What’s Most Important?
Written by: James Waite, Esq. and Rene Del Barco ...
Dealer Articles
07 Nov Volvo CE Net Sales Drop 34% in North America for 3Q
Volvo CE reported a notable drop in North America net sales and net order intake for its third quarter of 2024. Sales in North America for the quarter came in at $476 million, down 34% from the $726 million Volvo saw in last year’s third quarter. For...
12 Dec Lessons Learned from a Class Action Suit on Damage Waiver
This class action lawsuit filed against Hertz Equipment Rental is good reason to revisit your policy on damage waivers. Whether to offer a damage waiver remains one of the most hotly debated issues in the equipment rental industry. Comments range from: “It has no value to...
05 Oct The State of the Equipment Industry – IEDA Presentation 2023
Posted at 15:39h
in Dealer Articles, Dealer Updates, Equipment Lessor Articles, Industry Updates, Manufacturer Articles, Manufacturer Updates
James Waite presents on The State of the Equipment Industry from an economic outlook and how to better prepare for what is to come....
28 Sep The Case for a Bill of Sale
Question: I sell new and used equipment. I usually don’t have buyers sign a separate contract or bill of sale because I have a provision in my rental contract that I believe covers sales. Is that enough or is there some reason I need to...
28 Sep Buying Assets or Equity
Question: I’m considering buying a competing equipment dealership. I’m being told that I should buy the assets rather than the equity of the target business because, if I do that, my company won’t assume any of the seller’s liabilities. Is that true? Answer: For most business buyers, purchasing...
28 Sep Understanding Incoterms : What you should watch for when buying equipment
Question: I’m buying some equipment, and the shipping terms in the purchase agreement refer to “EXW Incoterms 2020.” I’m generally familiar with “Incoterms,” but I don’t really have a lot of time to study what each one means. Can you give me a summary of what...
28 Sep Enforcing Payment for Goods, Services and Rentals
Question: I’ve rented and sold equipment to a customer for construction work, but I haven’t been paid. Can I file a mechanic’s lien on my own to get the money I’m owed? Answer: Yes, but the requirements are highly technical and strict. If you miss a deadline or...
27 Sep State Dealer Laws : James Waite Advises on Dealer Agreements
Question: “We have operations in multiple states. How can we prepare a single form of Dealer Agreement enforceable in each of those states?” James Waite’s Answers: You and/or your attorney must review each state’s dealer and in some cases, franchise laws to determine whether and to...
28 Dec Protecting yourself from Customer Bankruptcies
Posted at 20:48h
in Dealer Articles, Equipment Lessor Articles, Manufacturer Articles, Uncategorized
Question: I just had two large customers file bankruptcy. One of them was making payments on a rental that included an informal purchase option — just some notes written on the face of a rental contract; the other owes me more than $50,000 on a...
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