§ 66-180. Definitions.
Article 26.
Farm MachineryAgreements.
§ 66‑180. Definitions.
As used in this Article,unless the context requires otherwise:
(1) "Agreement"means a written or oral contract or agreement between a dealer and awholesaler, manufacturer, or distributor by which the dealer is granted one ormore of the following rights:
a. To sell ordistribute goods or services.
b. To use a trade name,trademark, service mark, logo type, or advertising or other commercial symbol.
(2) "Currentmodel" means a model listed in the wholesaler's, manufacturer's, ordistributor's current sales manual or any supplements.
(3) "Current netprice" means the price listed in the supplier's price list or catalog ineffect at the time the agreement is terminated, less any applicable discountsallowed.
(4) "Dealer"means a person engaged in the business of selling at retail farm, construction,utility or industrial, equipment, implements, machinery, attachments, outdoorpower equipment, or repair parts.
(5) "Familymember" means a spouse, brother, sister, parent, grandparent, child,grandchild, mother‑in‑law, father‑in‑law, daughter‑in‑law,son‑in‑law, stepparent, or stepchild, or a lineal descendant of thedealer or principal owner of the dealership.
(6) "Goodcause" means failure by a dealer to comply with requirements imposed uponthe dealer by the agreement if the requirements are not different from thoseimposed on other dealers similarly situated in this State. In addition, goodcause exists in any of the following circumstances:
a. A petition underbankruptcy or receivership law has been filed against the dealer.
b. The dealer has madean intentional misrepresentation with the intent to defraud supplier.
c. Default by thedealer under a chattel mortgage or other security agreement between the dealerand the supplier or a revocation or discontinuance of a guarantee of a presentor future obligation of the retailer to the supplier.
d. Closeout or sale ofa substantial part of the dealer's business related to the handling of goods;the commencement or dissolution or liquidation of the dealer if the dealer is apartnership or corporation; or a change, without the prior written approval ofthe supplier, which shall not be unreasonably withheld, in the location of thedealer's principal place of business or additional locations set forth in theagreement.
e. Withdrawal of anindividual proprietor, partner, major shareholder, or manager of thedealership, or a substantial reduction in interest of a partner or majorshareholder, without the prior written consent of the supplier.
f. Revocation ordiscontinuance of any guarantee of the dealer's present or future obligationsto the supplier.
g. The dealer hasfailed to operate in the normal course of business for seven consecutivebusiness days or has otherwise abandoned the business.
h. The dealer haspleaded guilty to or has been convicted of a felony affecting the relationshipbetween the dealer and the supplier.
i. The dealertransfers an interest in the dealership, or a person with a substantial interestin the ownership or control of the dealership, including an individualproprietor, partner, or major shareholder, withdraws from the dealership ordies, or a substantial reduction occurs in the interest of a partner or majorshareholder in the dealership.
(7) "Inventory"means farm implements and machinery, construction, utility and industrialequipment, consumer products, outdoor power equipment, attachments, or repairparts.
(8) "Net cost"means the price the dealer paid the supplier for the inventory, less allapplicable discounts allowed, plus the amount the dealer paid for freight costsfrom the supplier's location to the dealer's location, plus reasonable cost ofassembly or disassembly performed by the dealer.
(9) "Supplier"means a wholesaler, manufacturer, distributor, or any purchaser of assets orstock of any surviving corporation resulting from a merger or liquidation, anyreceiver or assignee, or any trustee of the original manufacturer, wholesaler,or distributor who enters into an agreement with a dealer.
(10) "Supersededpart" means any part that will provide the same function as a currentlyavailable part as of the date of cancellation.
(11) "Termination"of an agreement means the termination, cancellation, nonrenewal, ornoncontinuance of the agreement. (1985, c. 441, s. 1; 2001‑343, s. 1.)