§ 35-38-102 — Definitions

As used in this article, unless the context otherwise
requires:

(1) Dealer agreement means an oral or written contract or agreement of
definite or indefinite duration between a supplier and an equipment dealer that
prescribes the rights and obligations of each party with respect to the purchase or
sale of equipment.

(2) (a) Equipment means a machine designed for or adapted and used for
agriculture, horticulture, floriculture, livestock, grazing, light industrial, utility, and
outdoor power equipment. Equipment does not include earthmoving and heavy
construction equipment, mining equipment, or forestry equipment.

(b) Nothing in paragraph (a) of this subsection (2), as amended by House Bill
05-1180, as enacted at the first regular session of the sixty-fifth general assembly,
shall be construed as changing the property tax classification of property owned by
a horticultural or floricultural operation.

(3) Equipment dealer or dealer means any person, partnership,
corporation, association, or other form of business enterprise that is primarily
engaged in the retail sale of equipment.

(4) Net cost means the price the equipment dealer pays to the supplier for
equipment, including the freight costs from the supplier's location to the equipment
dealer's location, minus all applicable discounts allowed by the supplier.

(5) Net price means the price listed for repair parts in the supplier's price
list or catalog in effect at the time the dealer's agreement terminates.

(6) Superseded part means any part with a discontinued part number
already purchased from the supplier that has not been modified or improved and
can perform the same function as a part currently available for purchase from such
supplier's stock.

(7) (a) Supplier means any person, partnership, corporation, association, or
other business enterprise that is engaged in the manufacturing, assembly, or
wholesale institution of equipment or repair parts, or both, and includes any
successor in interest. Supplier includes a purchaser of assets or a surviving
corporation that results from a merger, liquidation, or reorganization of the original
supplier.

(b) Supplier does not mean any person, partnership, corporation,
association, or other business enterprise, that is not otherwise a supplier, that
engages in the manufacture or wholesaler distribution of nonmoving parts that are
not equipment but that may be used to enhance the operation or comfort of
equipment.

Legislative History

Source: L. 95: Entire article R&RE, p. 363, � 1, effective July 1. L. 2005: (2) amended, p. 351, � 12, effective August 8.