As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) COMMISSION. Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales.
(2) PRINCIPAL. Any person who does all of the following:
a. Engages in the business of manufacturing, producing, importing, or distributing a product or products for sale to customers who purchase the product or products for resale.
b. Utilizes sales representatives to solicit orders for the product or products.
c. Compensates the sales representatives, in whole or in part, by commission.
(3) SALES REPRESENTATIVE. Any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal, but does not include a person who places orders or purchases for his or her own account for resale, or a person engaged in home solicitation sales.
(4) TERMINATION. The end of services performed by the sales representative for the principal, whether by discharge, resignation, or expiration of a contract.
(Acts 1985, No. 85-543, p. 782, §1; Acts 1994, No. 94-686, p. 1319, §1.)
Notes of Decisions
Duck Head Apparel Co., Inc. v. Hoots, 659 So. 2d 897 (Ala. 1995).
· cites it 9× “1986); that the plaintiffs presented insufficient evidence of reliance on the alleged suppression; that there was insufficient evidence of the amount of damage under the *899 contract claim; and that the court erred in refusing to dismiss the claim under Ala.Code 1975, § 8-24-1…”
Ishler v. Comm'r, 442 F. Supp. 2d 1189 (N.D. Ala. 2006).
· cites it 4× “Alabama Sales Representative’s Commission Contracts Act To the extent plaintiffs complaint can be construed as alleging a separate claim under the Alabama Sales Representative’s Commission Contracts Act, Ala.Code §§ 8-24-1 et seq. (1975), 72 that claim also is time-barred.”
Lindy Mfg. Co. v. Twentieth Century Mktg., Inc., 706 So. 2d 1169 (Ala. 1997).
· cites it 4× “against Twentieth Century, sought declarations 1) of the parties' rights under the "manufacturer's representative agreement" between the parties (particularly regarding Lindy's right to terminate what Lindy alleged was an "at will agreement"); and 2) of the applicability of, and…”
Kaufmann & Assocs., Inc. v. Davis, 908 So. 2d 246 (Ala. Civ. App. 2004).
· cites it 3× “Davis could properly assert such a counterclaim pursuant to Rule 13(b), Ala.”
Erlend Tangen v. Ideacom of the Gulf Coast, Inc., 590 F. App'x 836 (11th Cir. 2014).
· cites it 2× “In response, Tangen filed a diversity suit alleging a violation of the Alabama Sales Commission Act, Ala.Code § 8-24-1 (the Act), and breach of contract.”
Rosenfeld v. Lu, 766 F. Supp. 1131 (S.D. Fla. 1991).
“The following state statutes contain analogous provisions: Ala.Code §§ 8-24-1 to -5 (Supp.1990). Cal.”
Clanton v. Tahsin Indus. Corp., U.S.A., 4 So. 3d 1121 (Ala. 2008).
· cites it 2× “Clanton’s consolidated motion for a partial summary judgment, for a judgment on the pleadings, and to strike its defense that the Sales Representative’s Commission Contracts Act, § 8-24-1 et seq., Ala.Code 1975 (“the Commission Act”), applies only to transactions and shipments…”
Dynamic Options, Inc. v. Criticare Sys., Inc., 739 So. 2d 41 (Ala. Civ. App. 1998).
· cites it 2× “The complaint included a claim against Criticare for damages recoverable under the Alabama Sales Representative’s Commission Contracts Act, Ala.Code 1975, § 8-24-1 et seq. It also alleged, against Fred Arbona, intentional interference with business relationships.”
Ex Parte Tahsin Indus. Corp., USA, 4 So. 3d 1121 (Ala. 2008).
· cites it 2× “Clanton's consolidated motion for a partial summary judgment, for a judgment on the pleadings, and to strike its defense that the Sales Representative's Commission Contracts Act, § 8-24-1 et seq., Ala.Code 1975 ("the Commission Act"), applies only to transactions and shipments…”
— Ala. Code § 8-24-1(2) — 1 case
Erlend Tangen v. Ideacom of the Gulf Coast, Inc., 590 F. App'x 836 (11th Cir. 2014).
“In response, Tangen filed a diversity suit alleging a violation of the Alabama Sales Commission Act, Ala.Code § 8-24-1 (the Act), and breach of contract.”
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