44-6701. Definitions


In this chapter, unless the context otherwise requires:


1. "Dealer agreement" means an oral or written contract or agreement of definite or
indefinite duration between a supplier and an equipment dealer that prescribes the rights
and obligations of each party with respect to the purchase or sale of equipment.


2. "Equipment" means machines designed for or adapted and used for agriculture,
livestock, grazing, light industrial and utility purposes. Equipment does not include
earthmoving and heavy construction equipment, mining equipment or forestry equipment.


3. "Equipment dealer" or "dealer" means any person, partnership, corporation,
association or other form of business enterprise that is primarily engaged in the retail
sale of equipment.


4. "Net cost" means the price the equipment dealer pays to the supplier for
equipment, including the freight costs from the supplier's location to the equipment
dealer's location, minus all applicable discounts allowed by the supplier.


5. "Net price" means the price listed for repair parts in the supplier's price list
or catalog minus all applicable discounts allowed by the supplier.


6. "Supplier" means any person, partnership, corporation, association or other
business enterprise that is engaged in the manufacturing, assembly or wholesale
distribution of equipment or repair parts, or both, and includes any successor in
interest, including a purchaser of assets or stock, or a surviving corporation that
results from a merger, liquidation or reorganization of the original supplier.