Tex. Bus. & Com. Code Section 57.258
Alternate Reimbursement Terms Enforceable

(a)

Sections 57.253 (Warranty Claim), 57.254 (Resubmission of Warranty Claim), and 57.255 (Payment of Warranty Claim) do not apply if the terms of a written dealer agreement between the parties require the supplier to compensate the dealer for warranty labor costs either as:

(1)

a discount in the price of the equipment to the dealer, subject to Subsection (b); or

(2)

a lump-sum payment made to the dealer not later than the 90th day after the date the supplier’s new equipment is sold to the dealer, subject to Subsection (b).

(b)

The discount or lump-sum payment under Subsection (a) must be or result in an amount that is not less than five percent of the suggested retail price of the equipment.

(c)

The alternate reimbursement terms of a dealer agreement that comply with Subsections (a) and (b) are enforceable.

(d)

This section does not affect the supplier’s obligation to reimburse the dealer for parts in accordance with Section 57.255 (Payment of Warranty Claim).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.

Source: Section 57.258 — Alternate Reimbursement Terms Enforceable, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­57.­htm#57.­258 (accessed Jun. 5, 2024).

57.001
Short Title 57.002
Definitions 57.003
Waiver of Chapter Void 57.051
Certain Provisions Void 57.052
Change in Ownership or Financial Structure 57.053
Release of Liability Prohibited 57.101
Transfer of Interest in Dealership by Succession 57.102
Approval of Sale or Transfer of Business at Dealer’s Request 57.103
Approval of Sale or Transfer of Business at Request of Personal Representative 57.151
Applicability of Subchapter 57.152
Termination by Dealer 57.153
Termination by Supplier 57.154
Good Cause Determination 57.155
Notice of Termination 57.201
Applicability of Subchapter 57.202
Termination by Supplier 57.203
Good Cause Determination 57.204
Notice of Termination 57.205
Notice of Termination Not Required Under Certain Circumstances 57.251
Definition of Terminate and Termination 57.252
Applicability of Subchapter 57.253
Warranty Claim 57.254
Resubmission of Warranty Claim 57.255
Payment of Warranty Claim 57.256
Warranty Claim for Certain Repair Work or Installation of Replacement Parts 57.257
Audit of Warranty Claims 57.258
Alternate Reimbursement Terms Enforceable 57.301
Coerced Orders, Deliveries, or Refusals to Purchase 57.302
Conditional Purchases of Goods and Services 57.303
Equipment Represented as Available for Immediate Delivery 57.304
Discrimination in Orders 57.305
Discrimination in Prices of New Equipment 57.351
Definition of Terminate and Termination 57.352
Applicability of Subchapter to Several Business Locations Covered by Same Agreement 57.353
Payments or Credits 57.354
Late Payment or Credit 57.355
Liability 57.356
Construction of Subchapter 57.357
Agreement Terminated by Dealer 57.358
Exceptions 57.401
Civil Action 57.402
Choice of Remedies
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Accessed:
Jun. 5, 2024

§ 57.258’s source at texas​.gov