340

LAWS OF MARYLAND

[Ch. 49

BEFORE ADDING ANY MARKUP, IF THE RETAILER:

(i) BUYS AT WHOLESALE OR BUYS DIRECTLY FROM
THE MANUFACTURER OR THE AGENT OR BROKER OF THE
MANUFACTURER; AND

(ii) RECEIVES A WHOLESALE PRICE OR DISCOUNT
ON MERCHANDISE FOR RETAIL SALE.

REVISOR'S NOTE: Items (1) through (3) of this
subsection presently appear as Art. 83,
§112(a).

Item (4) is new language derived without
substantive change from Art. 83, §112(i). It
is incorporated into the definition for
purposes of combining in one place all
provisions which relate to the meaning and
computation of the "cost to the retailer."

The only other changes are in style.

(C) COST TO THE WHOLESALER.

"COST TO THE WHOLESALER" MEANS THE LESSER OF THE
INVOICE COST OR THE REPLACEMENT COST OF THE MERCHANDISE
TO THE WHOLESALER; MINUS ANY DISCOUNT OTHER THAN A
CUSTOMARY DISCOUNT FOR CASH; PLUS:

(1)    A FREIGHT CHARGE OTHERWISE NOT INCLUDED
IN THE INVOICE COST OR THE REPLACEMENT COST OF THE
MERCHANDISE;

(2)    A CARTAGE COST TO THE RETAIL OUTLET IF
PERFORMED OR PAID FOR BY THE WHOLESALER, WHICH, IN THE
ABSENCE OF PROOF OF A LESSER COST, IS 0.75 PERCENT OF THE
COST TO THE WHOLESALER, AFTER ADDING THE FREIGHT CHARGE
BUT BEFORE ADDING THE CARTAGE COST AND ANY MARKUP; AND

(3)   A   MARKUP TO COVER IN PART THE COST OF
DOING BUSINESS,      WHICH, IN THE ABSENCE OF PROOF OF A
LESSER COST, IS 2   PERCENT OF THE COST TO THE WHOLESALER,
AFTER ADDING THE   FREIGHT CHARGE AND THE CARTAGE COST BUT
BEFORE ADDING ANY   MARKUP.

REVISOR'S NOTE: This subsection presently appears as
Art. 83, §112(b).

In item (2) of this subsection, the words "and
any markup" are added for purposes of
clarification as well as conformity with the
similar language contained in subsection
(b)(2).