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MISSOURI STATUTES AND CODES

407.815. Definitions.

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Definitions. 407.815.As used in sections 407.810 to 407.835, unless the contextotherwise requires, the following terms mean: (1)"Administrative hearing commission", the body established inchapter 621, RSMo, to conduct administrative hearings; (2)"All-terrain vehicle", any motorized vehicle manufactured andused exclusively for off-highway use which is fifty inches or less inwidth, with an unladen dry weight of six hundred pounds or less, travelingon three, four or more low pressure tires, with a seat designed to bestraddled by the operator, and handlebars for steering control; (3)"Coerce", to force a person to act in a given manner or to compelby pressure or threat but shall not be construed to include the following: (a)Good faith recommendations, exposition, argument, persuasion orattempts at persuasion; (b)Notice given in good faith to any franchisee of such franchisee'sviolation of terms or provisions of such franchise or contractualagreement; (c)Any other conduct set forth in section 407.830 as a defense to anaction brought pursuant to sections 407.810 to 407.835; or (d)Any other conduct set forth in sections 407.810 to 407.835 thatis permitted of the franchisor or is expressly excluded from coercion or aviolation of sections 407.810 to 407.835; (4)"Franchise" or "franchise agreement", a written arrangement orcontract for a definite or indefinite period, in which a person grants toanother person a license to use, or the right to grant to others a licenseto use, a trade name, trademark, service mark, or related characteristics,in which there is a community of interest in the marketing of goods orservices, or both, at wholesale or retail, by agreement, lease orotherwise, and in which the operation of the franchisee's business withrespect to such franchise is substantially reliant on the franchisor forthe continued supply of franchised new motor vehicles, parts andaccessories for sale at wholesale or retail; (5)"Franchisee", a person to whom a franchise is granted; (6)"Franchisor", a person who grants a franchise to another person; (7)"Motor vehicle", for the purposes of sections 407.810 to 407.835,any motor-driven vehicle required to be registered pursuant to theprovisions of chapter 301, RSMo, except that, motorcycles and all-terrainvehicles as defined in section 301.010, RSMo, shall not be included.Theterm "motor vehicle" shall also include any engine, transmission, or rearaxle, regardless of whether attached to a vehicle chassis, that ismanufactured for the installation in any motor-driven vehicle with a grossvehicle weight rating of more than sixteen thousand pounds that isregistered for the operations on the highways of this state under chapter301, RSMo; (8)"New", when referring to motor vehicles or parts, means thosemotor vehicles or parts which have not been held except as inventory, asthat term is defined in subdivision (4) of section 400.9-109, RSMo; (9)"Person", a natural person, sole proprietor, partnership,corporation, or any other form of business entity or organization.(L. 1980 H.B. 1600 § 2, A.L. 1997 H.B. 516, A.L. 1998 H.B. 1055, A.L.2001 H.B. 575, A.L. 2007 S.B. 82)
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  • Definitions.

    407.815. As used in sections 407.810 to 407.835, unless the contextotherwise requires, the following terms mean:

    (1) "Administrative hearing commission", the body established inchapter 621, RSMo, to conduct administrative hearings;

    (2) "All-terrain vehicle", any motorized vehicle manufactured andused exclusively for off-highway use which is fifty inches or less inwidth, with an unladen dry weight of six hundred pounds or less, travelingon three, four or more low pressure tires, with a seat designed to bestraddled by the operator, and handlebars for steering control;

    (3) "Coerce", to force a person to act in a given manner or to compelby pressure or threat but shall not be construed to include the following:

    (a) Good faith recommendations, exposition, argument, persuasion orattempts at persuasion;

    (b) Notice given in good faith to any franchisee of such franchisee'sviolation of terms or provisions of such franchise or contractualagreement;

    (c) Any other conduct set forth in section 407.830 as a defense to anaction brought pursuant to sections 407.810 to 407.835; or

    (d) Any other conduct set forth in sections 407.810 to 407.835 thatis permitted of the franchisor or is expressly excluded from coercion or aviolation of sections 407.810 to 407.835;

    (4) "Franchise" or "franchise agreement", a written arrangement orcontract for a definite or indefinite period, in which a person grants toanother person a license to use, or the right to grant to others a licenseto use, a trade name, trademark, service mark, or related characteristics,in which there is a community of interest in the marketing of goods orservices, or both, at wholesale or retail, by agreement, lease orotherwise, and in which the operation of the franchisee's business withrespect to such franchise is substantially reliant on the franchisor forthe continued supply of franchised new motor vehicles, parts andaccessories for sale at wholesale or retail;

    (5) "Franchisee", a person to whom a franchise is granted;

    (6) "Franchisor", a person who grants a franchise to another person;

    (7) "Motor vehicle", for the purposes of sections 407.810 to 407.835,any motor-driven vehicle required to be registered pursuant to theprovisions of chapter 301, RSMo, except that, motorcycles and all-terrainvehicles as defined in section 301.010, RSMo, shall not be included. Theterm "motor vehicle" shall also include any engine, transmission, or rearaxle, regardless of whether attached to a vehicle chassis, that ismanufactured for the installation in any motor-driven vehicle with a grossvehicle weight rating of more than sixteen thousand pounds that isregistered for the operations on the highways of this state under chapter301, RSMo;

    (8) "New", when referring to motor vehicles or parts, means thosemotor vehicles or parts which have not been held except as inventory, asthat term is defined in subdivision (4) of section 400.9-109, RSMo;

    (9) "Person", a natural person, sole proprietor, partnership,corporation, or any other form of business entity or organization.

    (L. 1980 H.B. 1600 § 2, A.L. 1997 H.B. 516, A.L. 1998 H.B. 1055, A.L. 2001 H.B. 575, A.L. 2007 S.B. 82)

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