Maine Revised Statutes Title 10 Sec. 1285 – Definitions
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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
1. Current net price. “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.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1285
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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. See Maine Revised Statutes Title 10 Sec. 1285
- Dealer: means a person, corporation or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories and repair parts. See Maine Revised Statutes Title 10 Sec. 1285
- 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. See Maine Revised Statutes Title 10 Sec. 1285
- Inventory: means farm, forestry, utility or industrial equipment, construction equipment, implements, machinery, yard and garden equipment, attachments or repair parts. See Maine Revised Statutes Title 10 Sec. 1285
- 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, plus reasonable cost of assembly or disassembly performed by the dealer. See Maine Revised Statutes Title 10 Sec. 1285
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Single-line dealer: means a person, corporation or partnership engaged in retail sales that:
A. See Maine Revised Statutes Title 10 Sec. 1285Supplier: means a wholesaler, manufacturer or distributor of inventory as defined in this chapter who enters into a dealer agreement with a dealer. See Maine Revised Statutes Title 10 Sec. 1285
2. Dealer. “Dealer” means a person, corporation or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories and repair parts. “Dealer” does not include a person, corporation or partnership primarily engaged in the retail sale of all-terrain vehicles or motorcycles. “Dealer” does not include a single-line dealer as defined in subsection 5?A.
[PL 2011, c. 236, §1 (AMD); PL 2011, c. 236, §18 (AFF).]
3. Dealer agreement. “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.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
4. Inventory. “Inventory” means farm, forestry, utility or industrial equipment, construction equipment, implements, machinery, yard and garden equipment, attachments or repair parts.
[PL 2011, c. 236, §2 (AMD); PL 2011, c. 236, §18 (AFF).]
5. Net cost. “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, plus reasonable cost of assembly or disassembly performed by the dealer.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
5-A. Single-line dealer. “Single-line dealer” means a person, corporation or partnership engaged in retail sales that:
A. Has purchased 75% or more of total new product inventory from a single supplier; and [PL 2011, c. 236, §3 (NEW); PL 2011, c. 236, §18 (AFF).]
B. Has a total annual average sales volume for the previous 3 years in excess of $100,000,000 for the entire territory subject to the agreement with the supplier. [PL 2011, c. 236, §3 (NEW); PL 2011, c. 236, §18 (AFF).]
[PL 2011, c. 236, §3 (NEW); PL 2011, c. 236, §18 (AFF).]
6. Supplier. “Supplier” means a wholesaler, manufacturer or distributor of inventory as defined in this chapter who enters into a dealer agreement with a dealer.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
7. Termination. “Termination” of a dealer agreement means the cancellation, nonrenewal or noncontinuance of the agreement.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
SECTION HISTORY
PL 1995, c. 462, §A22 (NEW). PL 1995, c. 462, §A23 (AFF). PL 2011, c. 236, §§1-3 (AMD). PL 2011, c. 236, §18 (AFF).