(a)As used in this chapter:
(i)"Current net parts price" means:
(A)For current parts, the price for repair
parts listed in the supplier's price list or catalogue in effect
at the time the dealer agreement is cancelled or discontinued,
or for purposes of W.S. 40-20-119, the price list or catalogue
in effect at the time the repair parts were ordered;
(B)For superseded repair parts, the price
listed in the supplier's price list or catalogue in effect at
the time the dealer agreement is cancelled or discontinued for
the part that performs the same function and purpose as the
superseded part, but is listed under a different part number.
(ii)"Current net parts cost" means the current net
parts price less any trade or cash discounts typically given to
the dealer with respect to the dealer's
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(a) As used in this chapter:
(i) "Current net parts price" means:
(A) For current parts, the price for repair
parts listed in the supplier's price list or catalogue in effect
at the time the dealer agreement is cancelled or discontinued,
or for purposes of W.S. 40-20-119, the price list or catalogue
in effect at the time the repair parts were ordered;
(B) For superseded repair parts, the price
listed in the supplier's price list or catalogue in effect at
the time the dealer agreement is cancelled or discontinued for
the part that performs the same function and purpose as the
superseded part, but is listed under a different part number.
(ii) "Current net parts cost" means the current net
parts price less any trade or cash discounts typically given to
the dealer with respect to the dealer's normal, ordinary course
orders of repair parts;
(iii) "Dealer" means any person, not including mass
retailers, engaged in the business of:
(A) Selling or leasing equipment or repair parts
to the consumer; and
(B) Repairing or servicing equipment.
(iv) "Dealer agreement" means either an oral or
written agreement or an agreement between a dealer and a
supplier that provides for the rights and obligations of the
parties with respect to the purchase or sale of equipment or
repair parts. If a dealer has more than one (1) business
location covered by the same dealer agreement, the requirements
of this chapter shall be applied to the repurchase of a dealer's
inventory at a particular location upon the closing of that
location;
(v) "Dealership" means the retail sale business
engaged in by a dealer under a dealer agreement;
(vi) "Demonstrator" means equipment in a dealer's
inventory that has never been sold at retail, but has had its
usage demonstrated to potential customers, either without charge
or pursuant to a short term rental agreement, with the intent of
encouraging the person to purchase the equipment;
(vii) "Equipment" means:
(A) Multipurpose vehicles as defined in W.S.
31-1-101(a)(xv)(M) regardless of how used;
(B) Snowmobiles as defined in W.S.
31-2-401(a)(ii);
(C) Off-road recreational vehicles as defined in
W.S. 31-1-101(a)(xv)(K) regardless of how used; and
(D) Other machinery, equipment, implements or
attachments used for or in connection with one (1) or more of
the following purposes:
(I) Lawn, garden, golf course, landscaping
or grounds maintenance;
(II) Planting, cultivating, irrigating,
grazing, harvesting and producing of agricultural products;
(III) Raising, feeding, tending to or
harvesting products from, livestock or any related activity;
(IV) Industrial, construction, maintenance,
or utility activities or applications;
(V) "Equipment" does not include self-
propelled vehicles designed primarily for the transportation of
persons or property on a street or highway.
(viii) "Family member" means a spouse, child, parent,
sibling, stepchild, son-in-law, daughter-in-law or lineal
descendant;
(ix) "Good cause" has the meaning set forth in W.S.
40-20-115 or 40-20-116, as applicable;
(x) "Index" means the United States bureau of labor
statistics producer price index or industry data, for
construction machinery, series identification number
pcu333120333120 or any successor index measuring substantially
similar information;
(xi) "Inventory" means new equipment, repair parts,
data processing hardware or software, and specialized service or
repair tools;
(xii) "Net equipment cost" means the price the dealer
actually paid to the supplier for equipment, plus:
(A) Freight, at truckload rates in effect as of
the effective date of the termination of a dealer agreement, if
freight was paid by the dealer from the supplier's location to
the dealer's location; and
(B) Reimbursement for labor incurred in
preparing the equipment for retail sale or rental, or set up
costs, which labor shall be reimbursed at the dealer's standard
labor rate charged by the dealer to its customers for
nonwarranty repair work. If a supplier has established a
reasonable set up time, the labor shall be reimbursed at an
amount equal to the reasonable set up time in effect as of the
date of delivery multiplied by the dealer's standard labor rate.
(xiii) "New equipment" means, for purposes of
determining whether a dealer is a single line dealer, any
equipment that could be returned to the supplier upon a
termination of a dealer agreement pursuant to W.S. 40-20-120 and
40-20-121;
(xiv) "Person" means a natural person, corporation,
partnership, limited liability company, company, trust, or any
other form of business enterprise, including any other entity in
which the "person" has a majority interest or of which the
"person" has control, as well as the individual officers,
directors and other persons in active control of the activities
of each entity;
(xv) "Repair parts" means all parts related to the
repair of equipment, including superseded parts;
(xvi) "Single line dealer" means a dealer that has:
(A) Purchased construction or industrial
equipment from a single supplier constituting seventy-five
percent (75%) of the dealer's new equipment, calculated on the
basis of net cost; and
(B) A total annual average sales volume in
excess of twenty million dollars ($20,000,000.00) for the three
(3) calendar years immediately preceding the applicable
determination date. The twenty million dollar ($20,000,000.00)
threshold shall be increased each year by an amount equal to the
then current threshold multiplied by the percentage increase in
the index from January of the immediately preceding year to
January of the current year.
(xvii) "Single line supplier" means the supplier that
is selling the single line dealer construction and industrial
equipment constituting seventy-five percent (75%) of the
dealer's new equipment;
(xviii) "Supplier" means any person engaged in the
business of manufacturing, assembly or wholesale distribution of
equipment or repair parts. The term "supplier" and the
provisions of this chapter shall be interpreted liberally and
shall not be limited to traditional doctrines of corporate
successor liability or take into account whether:
(A) A successor expressly assumed the
liabilities of the supplier; or
(B) There has been one (1) or more intermediate
successors to the initial supplier. The obligations of a
supplier hereunder shall consequently apply to any actual or
effective successor in interest to a supplier, including but not
limited to, a purchaser of all or substantially all of the
assets of a supplier or all or substantially all of the assets
of any division or product line of a supplier, any receiver,
trustee, liquidator or assignee of the supplier or any surviving
corporation resulting from a merger, liquidation or
reorganization of the original or any intermediate successor
supplier. Purchasers of all or substantially all of the
inventory of a supplier or a supplier's division or product line
shall constitute a purchaser of all or substantially all of the
supplier's assets.
(xix) "Terminate" means to terminate, cancel, fail to
renew or substantially change the competitive circumstances of a
dealer agreement.