§ 463. Unfair business practices by franchisors. 1. It shall be\nunlawful for any franchisor to directly or indirectly coerce or attempt\nto coerce any franchised motor vehicle dealer:\n (a) To order or accept delivery of any motor vehicle or vehicles,\nappliances, tools, machinery, equipment, parts or accessories therefor\nor any other commodity or commodities which shall not have been\nvoluntarily ordered by said franchised motor vehicle dealer except any\nsuch items required by a recall campaign.\n (b) To order or accept delivery of any motor vehicle with special\nfeatures, appliances, accessories or equipment not included in the list\nprice of said motor vehicle as publicly advertised by the franchisor.\n (c) To contribute or pay money or anything of value into any\ncooperative or other advertising program or fund unless such program or\nfund shall be controlled by a dealer or group of dealers.\n (d) To participate in any training program unless such program is\nexpressly limited to specific information necessary to sell or service\nthe models of vehicles the dealer is authorized to sell or service under\nthe dealer's franchise with that franchisor. A franchisor shall not\nunreasonably require an owner or dealer principal of a dealership to\nattend any meeting or training program. A franchisor who requires\nparticipation in a training program as authorized by this paragraph\nshall to the largest extent practicable make all reasonable efforts to\nlimit or reimburse the expenses of a dealer incurred in attending such\nprogram. Nothing in this paragraph shall be deemed to prohibit any\ntraining program located within a dealer's own principal place of\nbusiness.\n (e) To sell, or sell exclusively an extended service contract,\nextended maintenance plan or similar product, including, but not limited\nto, gap products offered, endorsed or sponsored by the franchisor by the\nfollowing means:\n (1) by a statement made by the franchisor that failure to do so will\nsubstantially and adversely impact the dealer; or\n (2) by a provision in a franchise agreement that the dealer sell, or\nsell exclusively an extended service contract, extended maintenance plan\nor similar product offered, endorsed or sponsored by the franchisor; or\n (3) by measuring the dealer's performance under the franchise based on\nthe sale of extended service contracts, extended maintenance plans or\nsimilar products offered, endorsed or sponsored by the manufacturer or\ndistributor; or\n (4) by requiring the dealer to exclusively promote the sale of\nextended service contracts, extended maintenance plans or similar\nproducts offered, endorsed or sponsored by the franchisor.\n Nothing in this section shall prohibit a franchisor from:\n (A) providing incentives to a dealer that makes the voluntary decision\nto sell or sell exclusively an extended service contract, extended\nmaintenance plan or similar product, including, but not limited to, gap\nproducts offered, endorsed or sponsored by the franchisor, or\n (B) requiring that a dealer that sells an extended service contract,\nextended maintenance plan, or similar product that is not offered,\nendorsed or sponsored by the franchisor, disclose to the consumer the\ndisclosures required under section seven thousand nine hundred five of\nthe insurance law, and a separate statement, acknowledged by the\nconsumer, that the extended service contract, extended maintenance plan\nor similar product is not offered, endorsed or sponsored by the\nfranchisor, if that is the case.\n 2. It shall be unlawful for any franchisor, notwithstanding the terms\nof any franchise contract:\n (a) To refuse to deliver in reasonable quantity and within a\nreasonable time after receipt of a dealer's order to any franchised\nmotor vehicle dealer any vehicle covered by such franchise which is\npublicly advertised by such franchisor to be available for immediate\ndelivery. Provided, however, the failure to deliver any motor vehicle
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