37-5-13 Definition of terms used in §§ 37-5-13 to 37-5-15.
Definition of terms used in §§ 37-5-13 to 37-5-15.
Terms used in §§ 37-5-13 to 37-5-15, inclusive, mean:
"Dealer," any person who receives machinery from a manufacturer under a dealership
contract and who offers and sells the machinery to the general public from manufacturer
authorized facilities in this state. The term, dealer, does not include a single-line dealer
or any person with total annual gross sales in this state and elsewhere of one hundred
million dollars or more of industrial and construction equipment, attachments,
replacement parts, and service related to the equipment, from any one manufacturer or
supplier of such equipment;
"Dealership contract," a written agreement or contract between a manufacturer and dealer
which fixes the legal rights and liabilities of the parties to such agreement or contract;
"Machinery," any farm vehicle as defined by § 32-3-2.4 or any off-road vehicle as defined
by subdivision 32-3-1(15) or merchandise as defined in subdivision 37-5-12.2(3);
"Manufacturer," any person engaged in the manufacturing or distribution of machinery
including any person who acts for the manufacturer;
"Single-line dealer," any person that has purchased seventy-five percent or more of the
dealer's total new product inventory from a single manufacturer of industrial and
construction equipment under agreements with that manufacturer and has a total annual
average sales of industrial and construction equipment volume for the three previous years
with that single manufacturer in excess of fifty million dollars for the territory for which
that dealer is responsible.
SL 1999, ch 200, § 1; SL 2012, ch 197, § 4.