Section 347-A:1 Definitions.
In this chapter:
I. ""Current net price'' means the price listed in the supplier's price list or catalog in effect at the time the dealer agreement is terminated, less any applicable discounts allowed.
II. ""Dealer'' means a person, corporation, or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, light industrial equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories, and repair parts. The term ""dealer'' shall not include dealers primarily engaged in the retail sale of all-terrain vehicles and motorcycles as defined by RSA 357-C:1. The term ""dealer'' shall also not include a single line dealer primarily engaged in the retail sale and service of industrial, forestry, and construction equipment. ""Single line dealer'' means a person, partnership, or corporation who:
(a) Has purchased 75 percent or more of the dealer's total new product inventory from a single supplier; and
(b) Who has a total annual average sales volume for the previous 3 years in excess of $20,000,000 for the entire territory for which the dealer is responsible.
III. ""Dealer agreement'' means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer, or distributor by which the dealer is granted the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol.
IV. ""Inventory'' means farm, utility, forestry, or light industrial equipment, implements, machinery, yard, and garden equipment, attachments or repair parts. This term does not include heavy construction equipment.
V. ""Net cost'' means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location. In the event of termination of a dealer agreement by the supplier, ""net cost'' shall include the reasonable cost of assembly and disassembly performed by a dealer.
VI. ""Supplier'' means a wholesaler, manufacturer, or distributor of inventory who enters into a dealer agreement with a dealer.
VII. ""Termination of a dealer agreement'' means the cancellation, nonrenewal, or noncontinuance of the agreement.
Source. 1995, 210:1, eff. June 12, 1995.