§ 646A.300 — Definitions for ORS 646A.300 to 646A.322

Oregon § 646A.300

• Jurisdiction: Oregon
• Vol.: 16
• Title 50: Trade Regulations and Practices
• Ch. 646A: Trade Regulation

Text

As used in ORS 646A.300 to 646A.322:
(1) “Catalog” means a catalog published in any medium, including an electronic catalog.
(2) “Change in competitive circumstances” means an event, act or omission that has a material detrimental effect on a retailer’s ability to compete with another retailer that sells the same brand of farm implements.
(3) “Current model” means a model that is listed in the supplier’s current sales manual or any supplements to the manual.
(4) “Current net price” means:
(a) The price of parts or farm implements that are listed in a supplier’s price list or catalog that is in effect at the time a contract is canceled or discontinued, less any applicable trade, volume or cash discounts, or at the time that a retailer made a warranty claim.
(b) The price listed for superseded parts in a supplier’s price list or catalog at the time a retailer purchased the parts.
(5) “Current signs” means principal outdoor signs that:
(a) A supplier requires a retailer to obtain;
(b) Identify the supplier; and
(c) Identify the retailer as representing the supplier or the supplier’s farm implements or machinery.
(6) “Dealership” means a location from which a retailer buys, sells, leases, trades, stores, takes on consignment or in any other manner deals in farm implements.
(7) “Distributor” means a person who sells or distributes new farm implements to a retailer.
(8) “Farm implements” means:
(a) Any vehicle designed or adapted and used exclusively for agricultural operations and only incidentally operated or used upon the highways;
(b) Auxiliary items, such as trailers, used with vehicles designed or adapted for agricultural operations;
(c) Other consumer products used for agricultural purposes, including lawn and garden equipment powered by an engine, that a supplier supplies to a retailer under a retailer agreement;
(d) Attachments and accessories used in planting, cultivating, irrigating, harvesting and marketing agricultural, horticultural or livestock products; and
(e) Outdoor power equipment, including, but not limited to, self-propelled equipment used to maintain lawns and gardens or used in landscape, turf or golf course maintenance.
(9) “F.O.B.” has the meaning given that term in ORS 72.3190.
(10) “Inventory” means farm implements, machinery and repair parts.
(11) “Manufacturer” means a person that manufactures or assembles new or unused farm implements.
(12) “Net cost” means the price a retailer actually paid a supplier for merchandise.
(13) “Retailer” means any person that engages in the business of retailing farm implements, machinery or repair parts in this state.
(14) “Retailer agreement” means an agreement between a supplier and a retailer that provides for the rights and obligations of the supplier and retailer with respect to selling or purchasing farm implements.
(15) “Specialized tool” means a tool that:
(a) A supplier requires a retailer to obtain; and
(b) Is uniquely suited for the purpose of diagnosing or repairing the supplier’s farm implements or machinery.
(16) “Supplier” means:
(a) A wholesaler, manufacturer, manufacturer’s representative or distributor.
(b) A successor in interest of a manufacturer, manufacturer’s representative or distributor, including, but not limited to:
(A) A purchaser of assets or shares of stock;
(B) A corporation or entity that results from a merger, liquidation or reorganization; or
(C) A receiver or trustee.
(c) The assignee of a supplier.
(17) “Warranty claim” means a claim for payment that a retailer submits to a supplier for service or parts the retailer provided to a customer under a warranty that the supplier issued.

Legislative History

Formerly 646.415; 2015 c.563 §1