407.1360. As used in sections 407.1360 to 407.1370, the followingterms shall mean:
(1) "Boat dealer", any natural person, partnership, or corporationwho, for a commission or with an intent to make a profit or gain of moneyor other thing of value, sells, barters, exchanges, leases or rents withthe option to purchase, offers, attempts to sell, or negotiates the sale ofany vessel or vessel trailer, whether the vessel or vessel trailer is ownedby such person;
(2) "Boat manufacturer", any person engaged in the manufacture,assembling, or modification of any vessels or vessel trailers as a regularbusiness, including a person, partnership, or corporation which acts forand is under the control of a manufacturer or assembly in connection withthe distribution of vessels or vessel trailers, except for any person soengaged in the manufacture, assembly, or modification of any vessel orvessel trailer which is headquartered in this state and not a wholly ownedsubsidiary of a person not headquartered in this state;
(3) "Dealer", a person who is a grantee of a dealership situated inthis state;
(4) "Dealer agreement", a contract or agreement, either expressed orimplied, whether oral or written, between two or more persons, by which aperson is granted the right to sell or distribute goods or services or usea trade name, trademark, service mark, logotype, advertising, or othercommercial symbol in which there is a community of interest in the businessof offering, selling, or distributing goods or services at wholesale,retail, by lease agreement or otherwise;
(5) "Designated family member", the designated successor nominated bya boat dealer in a written document filed by the dealer with amanufacturer;
(6) "Good cause", for purposes of determining whether there is goodcause for a proposed action, factors may include but not be limited to:
(a) The extent of the affected dealer's penetration in the relevantmarket area;
(b) The nature and extent of the dealer's investment in its business;
(c) The adequacy of the dealer's service facilities, equipment,parts, supplies, and personnel;
(d) The extent and quality of the dealer's service;
(e) The dealer's performance under the terms of its dealer agreementwith the manufacturer;
(f) The dealer's compliance with the contractual requirements underthe terms of the dealer agreement; or
(g) The factors as provided in section 407.1362;
(7) "Grantor", a person who grants a dealership;
(8) "Marine dealer", any natural person, partnership, or corporationwho, for a commission or with an intent to make a profit or gain of moneyor other thing of value, sells, barters, exchanges, leases or rents withthe option to purchase, offers, attempts to sell, or negotiates the sale ofany vessel or vessel trailer, whether the vessel or vessel trailer is ownedby such person;
(9) "Marine manufacturer", a person who is a grantee of a dealershipsituated in this state, except for any person so engaged in themanufacture, assembly, or modification of any vessel or vessel trailerwhich is headquartered in this state and not a wholly owned subsidiary of aperson not headquartered in this state;
(10) "Person", a natural person, partnership, joint venture,corporation, or other entity;
(11) "Personal watercraft", a class of vessel, which is less thansixteen feet in length, propelled by machinery which is designed to beoperated by a person sitting, standing or kneeling on the vessel, ratherthan being operated by a person sitting or standing inside the vessel;
(12) "Vessel", every motorboat and every description of motorizedwatercraft, and any watercraft more than twelve feet in length which ispowered by sail alone or by a combination of sail and machinery, used orcapable of being used as a means of transportation on water, but not anywatercraft having as the only means of propulsion a paddle or oars.
407.1360. As used in sections 407.1360 to 407.1370, the followingterms shall mean:
(1) "Boat dealer", any natural person, partnership, or corporationwho, for a commission or with an intent to make a profit or gain of moneyor other thing of value, sells, barters, exchanges, leases or rents withthe option to purchase, offers, attempts to sell, or negotiates the sale ofany vessel or vessel trailer, whether the vessel or vessel trailer is ownedby such person;
(2) "Boat manufacturer", any person engaged in the manufacture,assembling, or modification of any vessels or vessel trailers as a regularbusiness, including a person, partnership, or corporation which acts forand is under the control of a manufacturer or assembly in connection withthe distribution of vessels or vessel trailers, except for any person soengaged in the manufacture, assembly, or modification of any vessel orvessel trailer which is headquartered in this state and not a wholly ownedsubsidiary of a person not headquartered in this state;
(3) "Dealer", a person who is a grantee of a dealership situated inthis state;
(4) "Dealer agreement", a contract or agreement, either expressed orimplied, whether oral or written, between two or more persons, by which aperson is granted the right to sell or distribute goods or services or usea trade name, trademark, service mark, logotype, advertising, or othercommercial symbol in which there is a community of interest in the businessof offering, selling, or distributing goods or services at wholesale,retail, by lease agreement or otherwise;
(5) "Designated family member", the designated successor nominated bya boat dealer in a written document filed by the dealer with amanufacturer;
(6) "Good cause", for purposes of determining whether there is goodcause for a proposed action, factors may include but not be limited to:
(a) The extent of the affected dealer's penetration in the relevantmarket area;
(b) The nature and extent of the dealer's investment in its business;
(c) The adequacy of the dealer's service facilities, equipment,parts, supplies, and personnel;
(d) The extent and quality of the dealer's service;
(e) The dealer's performance under the terms of its dealer agreementwith the manufacturer;
(f) The dealer's compliance with the contractual requirements underthe terms of the dealer agreement; or
(g) The factors as provided in section 407.1362;
(7) "Grantor", a person who grants a dealership;
(8) "Marine dealer", any natural person, partnership, or corporationwho, for a commission or with an intent to make a profit or gain of moneyor other thing of value, sells, barters, exchanges, leases or rents withthe option to purchase, offers, attempts to sell, or negotiates the sale ofany vessel or vessel trailer, whether the vessel or vessel trailer is ownedby such person;
(9) "Marine manufacturer", a person who is a grantee of a dealershipsituated in this state, except for any person so engaged in themanufacture, assembly, or modification of any vessel or vessel trailerwhich is headquartered in this state and not a wholly owned subsidiary of aperson not headquartered in this state;
(10) "Person", a natural person, partnership, joint venture,corporation, or other entity;
(11) "Personal watercraft", a class of vessel, which is less thansixteen feet in length, propelled by machinery which is designed to beoperated by a person sitting, standing or kneeling on the vessel, ratherthan being operated by a person sitting or standing inside the vessel;
(12) "Vessel", every motorboat and every description of motorizedwatercraft, and any watercraft more than twelve feet in length which ispowered by sail alone or by a combination of sail and machinery, used orcapable of being used as a means of transportation on water, but not anywatercraft having as the only means of propulsion a paddle or oars.
407.1360. As used in sections 407.1360 to 407.1370, the followingterms shall mean:
(1) "Boat dealer", any natural person, partnership, or corporationwho, for a commission or with an intent to make a profit or gain of moneyor other thing of value, sells, barters, exchanges, leases or rents withthe option to purchase, offers, attempts to sell, or negotiates the sale ofany vessel or vessel trailer, whether the vessel or vessel trailer is ownedby such person;
(2) "Boat manufacturer", any person engaged in the manufacture,assembling, or modification of any vessels or vessel trailers as a regularbusiness, including a person, partnership, or corporation which acts forand is under the control of a manufacturer or assembly in connection withthe distribution of vessels or vessel trailers, except for any person soengaged in the manufacture, assembly, or modification of any vessel orvessel trailer which is headquartered in this state and not a wholly ownedsubsidiary of a person not headquartered in this state;
(3) "Dealer", a person who is a grantee of a dealership situated inthis state;
(4) "Dealer agreement", a contract or agreement, either expressed orimplied, whether oral or written, between two or more persons, by which aperson is granted the right to sell or distribute goods or services or usea trade name, trademark, service mark, logotype, advertising, or othercommercial symbol in which there is a community of interest in the businessof offering, selling, or distributing goods or services at wholesale,retail, by lease agreement or otherwise;
(5) "Designated family member", the designated successor nominated bya boat dealer in a written document filed by the dealer with amanufacturer;
(6) "Good cause", for purposes of determining whether there is goodcause for a proposed action, factors may include but not be limited to:
(a) The extent of the affected dealer's penetration in the relevantmarket area;
(b) The nature and extent of the dealer's investment in its business;
(c) The adequacy of the dealer's service facilities, equipment,parts, supplies, and personnel;
(d) The extent and quality of the dealer's service;
(e) The dealer's performance under the terms of its dealer agreementwith the manufacturer;
(f) The dealer's compliance with the contractual requirements underthe terms of the dealer agreement; or
(g) The factors as provided in section 407.1362;
(7) "Grantor", a person who grants a dealership;
(8) "Marine dealer", any natural person, partnership, or corporationwho, for a commission or with an intent to make a profit or gain of moneyor other thing of value, sells, barters, exchanges, leases or rents withthe option to purchase, offers, attempts to sell, or negotiates the sale ofany vessel or vessel trailer, whether the vessel or vessel trailer is ownedby such person;
(9) "Marine manufacturer", a person who is a grantee of a dealershipsituated in this state, except for any person so engaged in themanufacture, assembly, or modification of any vessel or vessel trailerwhich is headquartered in this state and not a wholly owned subsidiary of aperson not headquartered in this state;
(10) "Person", a natural person, partnership, joint venture,corporation, or other entity;
(11) "Personal watercraft", a class of vessel, which is less thansixteen feet in length, propelled by machinery which is designed to beoperated by a person sitting, standing or kneeling on the vessel, ratherthan being operated by a person sitting or standing inside the vessel;
(12) "Vessel", every motorboat and every description of motorizedwatercraft, and any watercraft more than twelve feet in length which ispowered by sail alone or by a combination of sail and machinery, used orcapable of being used as a means of transportation on water, but not anywatercraft having as the only means of propulsion a paddle or oars.
