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ROBERT L. EHRLICH, JR., Governor Ch. 433
[(f)] (H) "Inventory" means [the tractors, implements, attachments,] FARM
IMPLEMENTS OR MACHINERY, CONSTRUCTION, UTILITY, AND INDUSTRIAL
equipment, CONSUMER PRODUCTS, OUTDOOR POWER EQUIPMENT, ATTACHMENTS,
or repair parts [that a dealer purchased from a supplier],
[(g)] (I) "Net 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, plus the reasonable
cost of assembly OR DISASSEMBLY performed by the dealer.
(J) "SUPERSEDED PART" MEANS A PART THAT WILL PROVIDE THE SAME
FUNCTION AS A CURRENTLY AVAILABLE PART AS OF THE DATE OF CANCELLATION
OF A CONTRACT.
[(h)] (K) "Supplier" means:
(1) [a] A wholesaler, manufacturer, or distributor who enters into a
contract [agreement] with a dealer; OR
(2) A PURCHASER OF ASSETS OR STOCK OF A SURVIVING CORPORATION
RESULTING FROM A MERGER OR LIQUIDATION, A RECEIVER OR ASSIGNEE, OR A
TRUSTEE OF THE ORIGINAL MANUFACTURER, WHOLESALER, OR DISTRIBUTOR WHO
ENTERS INTO A CONTRACT WITH A DEALER.
[(i)] (L) "Termination" means the termination, cancellation, nonrenewal, or
noncontinuation of a contract.
(M) "UTILITY" AND "INDUSTRIAL", WHEN USED TO REFER TO EQUIPMENT,
IMPLEMENTS, MACHINERY, ATTACHMENTS, OR REPAIR PARTS, HAVE THE MEANINGS
COMMONLY USED AND UNDERSTOOD AMONG DEALERS AND SUPPLIERS OF FARM
EQUIPMENT AS A USAGE OF TRADE.
19-102.
GOOD CAUSE EXISTS IN ANY OF THE FOLLOWING CIRCUMSTANCES:
(1) THE FILING OF A PETITION AGAINST THE DEALER TO COMMENCE:
(I) A RECEIVERSHIP PROCEEDING; OR
(II) A BANKRUPTCY PROCEEDING;
(2) THE DEALER HAS MADE AN INTENTIONAL MISREPRESENTATION
WITH THE INTENT TO DEFRAUD THE SUPPLIER;
(3) THE DEALER DEFAULTS UNDER A CHATTEL MORTGAGE OR OTHER
SECURITY AGREEMENT BETWEEN THE DEALER AND THE SUPPLIER OR THE DEALER
REVOKES OR DISCONTINUES A GUARANTEE OF A PRESENT OR FUTURE OBLIGATION
OF THE RETAILER TO THE SUPPLIER;
(4) THE CLOSEOUT OR SALE OF A SUBSTANTIAL PART OF THE BUSINESS
OF A DEALER RELATED TO THE HANDLING OF THE PRODUCTS OF THE SUPPLIER;
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- 2003 -
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