10 §1196. Definitions
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 204-B: WATERCRAFT MANUFACTURERS, DISTRIBUTORS AND DEALERS HEADING: PL 1991, C. 631 (NEW)
§1196. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1991, c. 631, (NEW).]
1. Distributor or wholesaler. "Distributor" or "wholesaler" means any person who sells or distributes new or used watercraft or engines for watercraft to watercraft dealers or who maintains distributor representatives within this State.
[ 1991, c. 631, (NEW) .]
2. Franchise. "Franchise" means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a watercraft dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of watercraft or engines for watercraft or services related to watercraft at wholesale, retail, leasing or otherwise.
[ 1991, c. 631, (NEW) .]
3. Franchisee. "Franchisee" means a watercraft dealer to whom a franchise is offered or granted.
[ 1991, c. 631, (NEW) .]
4. Franchisor. "Franchisor" means a manufacturer, distributor or wholesaler who grants a franchise to a watercraft dealer.
[ 1991, c. 631, (NEW) .]
5. Manufacturer. "Manufacturer" means any person, partnership, firm, association, corporation or trust, resident or nonresident, that manufactures or assembles new watercraft or engines for watercraft, or imports for distribution through distributors of watercraft, or any partnership, firm, association, joint venture, corporation or trust, resident or nonresident, that is controlled by the manufacturer. The term "manufacturer" includes the term "distributor" or "wholesaler."
[ 1991, c. 631, (NEW) .]
6. Watercraft. "Watercraft" means any type of vessel, boat or craft used or capable of being used as a means of transportation on water. "Watercraft" does not include a seaplane or a personal sports mobile as defined in section 1242, subsection 15.
[ 1997, c. 473, §2 (AMD) .]
7. Watercraft dealer. "Watercraft dealer" means any person who sells or solicits or advertises the sale of new or used watercraft or engines for watercraft. "Watercraft dealer" does not include receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court or public officers while performing their duties as such officers.
[ 1991, c. 631, (NEW) .]
SECTION HISTORY
1991, c. 631, (NEW). 1997, c. 473, §2 (AMD).