When used in this chapter, unless the context otherwise requires:
1.“All-terrain vehicle” means a motor vehicle designed to travel on three or more wheels
and designed primarily for off-road recreational use but not including farm tractors or
equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance
vehicles.
2.“Attachment” means a machine or part of a machine designed to be used on and in
conjunctionwithafarmimplement,motorcycle,autocycle,all-terrainvehicle,orsnowmobile.
3.“Autocycle” means as defined in section 321.1.
4.“Farm implement” means a machine designed or adapted and used exclusively for
agricultural or horticultural operations or livestock raising.
5.“Franchise” means a contract between two or more persons when all of the following
conditions ar
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When used in this chapter, unless the context otherwise requires:
1. “All-terrain vehicle” means a motor vehicle designed to travel on three or more wheels
and designed primarily for off-road recreational use but not including farm tractors or
equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance
vehicles.
2. “Attachment” means a machine or part of a machine designed to be used on and in
conjunctionwithafarmimplement,motorcycle,autocycle,all-terrainvehicle,orsnowmobile.
3. “Autocycle” means as defined in section 321.1.
4. “Farm implement” means a machine designed or adapted and used exclusively for
agricultural or horticultural operations or livestock raising.
5. “Franchise” means a contract between two or more persons when all of the following
conditions are included:
a. A commercial relationship of definite duration or continuing indefinite duration is
involved.
b. The franchisee is granted the right to offer and sell farm implements, motorcycles,
autocycles, all-terrain vehicles, snowmobiles, or related parts or attachments manufactured
or distributed by the franchiser.
c. Thefranchisee,asanindependentbusiness,constitutesacomponentofthefranchiser’s
distribution system.
d. The operation of the franchisee’s business is substantially associated with the
franchiser’s trademark, service mark, trade name, advertising, or other commercial symbol
designating the franchiser.
e. The operation of the franchisee’s business is substantially reliant on the franchiser
for the continued supply of farm implements, motorcycles, autocycles, all-terrain vehicles,
snowmobiles, or related parts or attachments.
6. “Franchisee” means a person who receives farm implements, motorcycles, autocycles,
all-terrain vehicles, snowmobiles, or related parts or attachments from the franchiser under a
franchise and who offers and sells the farm implements, motorcycles, autocycles, all-terrain
vehicles, snowmobiles, or related parts or attachments to the general public.
7. “Franchiser” means a person who manufactures, wholesales, or distributes farm
implements, motorcycles, autocycles, all-terrain vehicles, snowmobiles, or related parts or
attachments, and who enters into a franchise.
8. “Motorcycle” means a motor vehicle as defined in section 321.1 other than an all-terrain
vehicle, which has a saddle or seat for the use of a rider and that is designed to travel on
not more than two wheels in contact with the ground, but excluding a motorized bicycle, a
low-speed electric bicycle, or autocycle as defined in section 321.1.
9. “Net cost” means the price the franchisee actually paid for the merchandise to the
franchiser less any applicable trade, volume, cash or bonus discounts.
§322D.1, FARM IMPLEMENT AND SELECT VEHICLE FRANCHISES 2
10. “Net price” means the price listed in the franchiser’s price list in effect at the time the
franchise is canceled, less any applicable trade, volume or cash discounts.
11. “Person” means a sole proprietor, partnership, corporation, or any other form of
business organization.
12. “Snowmobile” means the same as defined in section 321G.1.