§ 6-46-2. Definitions.
For the purposes of this chapter, the terms defined in this section have the following
meanings:
(1) "Current net price� means the price listed in the supplier's price list or catalog
in effect at the time the dealer agreement is terminated, less any applicable discounts
allowed.
(2) "Dealer� means a person, corporation, or partnership primarily engaged in the business
of retail sales of farm and utility tractors, forestry equipment, industrial or construction
equipment, farm implements, farm machinery, yard and garden equipment, attachments,
accessories, and repair parts. The term "dealer� shall not include a single-line dealer
primarily engaged in the retail sale and service of industrial, forestry, and construction
equipment.
(3) "Dealer agreement� means a written or oral contract or agreement between a dealer
and a wholesaler, manufacturer, or distributor by which the dealer is granted the
right to sell or distribute goods or services or to use a trade name, trademark, service
mark, logotype, or advertising or other commercial symbol.
(4) "Inventory� means farm, utility, forestry, industrial or construction equipment, implements,
machinery, yard and garden equipment, attachments, or repair parts.
(5) "Net cost� means the price the dealer paid the supplier for the inventory, less all
applicable discounts allowed, plus the amount the dealer paid for freight costs from
the supplier's location to the dealer's location. In the event of termination of a
dealer agreement by the supplier, "net cost� includes the reasonable cost of assembly
and/or disassembly performed by a dealer.
(6) "Single-line dealer� means a person, partnership, or corporation who or that:
(i) Has purchased seventy-five percent (75%) or more of the dealer's total new product
inventory from a single supplier; and
(ii) Who has a total annual average sales volume for the previous three (3) years in excess
of twenty million dollars ($20,000,000) for the entire territory for which the dealer
is responsible.
(7) "Supplier� means a wholesaler, manufacturer, or distributor of inventory who enters
into a dealer agreement with a dealer.
(8) "Termination� of a dealer agreement means the cancellation, non-renewal, or non-continuance
of the agreement.