The Vermont Statutes Online
Commerce and Trade
As used in this
"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.
"Dealer" means a person, corporation, or partnership primarily
engaged in the business of retail sales of farm and utility tractors, farm
implements, farm machinery, forestry equipment, industrial equipment, utility
equipment, yard and garden equipment, attachments, accessories, and repair
parts. Provided however, "dealer" shall not include a "single
line dealer" primarily engaged in the retail sale and service of
industrial, forestry, and construction equipment. "Single line
dealer" means a person, partnership or corporation who:
purchased 75 percent or more of the dealer's total new product inventory from a
single supplier; and
(B) has a total
annual average sales volume for the previous three years in excess of $15
million for the entire territory for which the dealer is responsible.
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.
"Inventory" means farm, utility, forestry, or industrial equipment,
implements, machinery, yard and garden equipment, attachments, or repair parts.
These terms do not include heavy construction equipment.
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. In the event of
termination of a dealer agreement by the supplier, "net cost" shall
include the reasonable cost of assembly or disassembly performed by a dealer.
"Supplier" means a wholesaler, manufacturer, or distributor of
inventory as defined in this chapter who enters into a dealer agreement with a
"Termination" of a dealer agreement means the cancellation,
nonrenewal or noncontinuance of the agreement. (Added 1993, No. 113 (Adj.
Sess.), § 1, eff. March 4, 1994.)