13-14a-1 - Definitions.
13-14a-1. Definitions.
(1) (a) "Dealer" means any person, firm, or corporation engaged in the business of sellingand retailing farm equipment, implements, utility and light industrial equipment, attachments, orrepair parts, and includes retailers of yard and garden equipment not primarily engaged in thefarm equipment business.
(b) "Dealer" does not include:
(i) a person who is engaged in the business of sales and service of heavy industrial orconstruction equipment; or
(ii) a person, firm, or corporation who serves as the dealer for a membership grouppurchasing program.
(2) "Independent wholesaler" means a person, firm, or corporation who stocks inventoryfor resale to retail dealers and who holds title to that inventory.
(3) "Manufacturer" means any person, firm, or corporation engaged in the business ofmanufacturing and distributing for retail sale farm implements, machinery, utility and lightindustrial equipment, attachments, or repair parts, and includes manufacturers of yard and gardenequipment not primarily intended for farm use.
(4) "Parts inventory" means repair parts held for resale and used to service farmimplements, machinery, attachments, utility and light industrial equipment, and yard and gardenequipment.
(5) "Sales agreement" means a written, verbal, or implied on-going agreement between adealer and a manufacturer or wholesaler under which the dealer agrees to sell at retail those itemssupplied by the manufacturer or wholesaler. "Sales agreement" can include an assignment of anexclusive sales area by the manufacturer or wholesaler or the filing of UCC security documentsby the manufacturer or wholesaler.
(6) "Wholegoods" or "wholegoods inventory" means assembled or complete units of farmimplements, machinery, utility and light industrial equipment, and yard and garden equipment andincludes assembled or complete attachments.
(7) "Wholesaler" as an entity's business or as the context requires may mean:
(a) an independent wholesaler engaged in the business of distributing for retail sale theitems listed in Subsection (4) or (6), that is obligated under Section 13-14a-2 to accept new andunsold wholegoods and parts from retailers on behalf of the manufacturer, but the obligation ofthe wholesaler may not exceed the obligation of the manufacturer; or
(b) a dealer, as defined in Subsection (1), who in addition to retailing distributesequipment at the wholesale level.
Amended by Chapter 317, 1995 General Session