As used in ORS 646A.300 to 646A.322:
(1) “Catalog” includes catalogs published in any medium, including electronic catalogs.
(2) “Change in competitive circumstances” means a material detrimental effect on a retailer’s ability to compete with another retailer who sells the same brand of farm implements.
(3) “Current model” means a model listed in the supplier’s current sales manual or any supplements to the manual.
(4) “Current net price” means:
(a) The price of parts or farm implements listed in the supplier’s price list or catalog in effect at the time the contract is canceled or discontinued, less any applicable trade, volume or cash discounts, or when the retailer made a warranty claim.
(b) For superseded parts, the price listed in the supplier’s price list or catalog when the retailer purchased the parts.
(5) “Current signs” means the principal outdoor signs that:
(a) The supplier requires a retailer to obtain;
(b) Identify the supplier; and
(c) Identify the retailer as representing the supplier or the supplier’s farm implements or machinery.
(6) “Dealership” means the location from which a retailer buys, sells, leases, trades, stores, takes on consignment or in any other manner deals in farm implements.
(7) “Distributor” means a person who sells or distributes new farm implements to a retailer.
(8) “Farm implements” means:
(a) Any vehicle designed or adapted and used exclusively for agricultural operations and only incidentally operated or used upon the highways;
(b) Auxiliary items, such as trailers, used with vehicles designed or adapted for agricultural operations;
(c) Other consumer products for agricultural purposes, including lawn and garden equipment powered by an engine, supplied by the supplier to the retailer pursuant to a retailer agreement;
(d) Attachments and accessories used in the planting, cultivating, irrigating, harvesting and marketing of agricultural, horticultural or livestock products; and
(e) Outdoor power equipment, including, but not limited to, self-propelled equipment used to maintain lawns and gardens or used in landscape, turf or golf course maintenance.
(9) “F.O.B.” has the meaning given that term in ORS 72.3190.
(10) “Inventory” means farm implements, machinery and repair parts.
(11) “Manufacturer” means a person who manufactures or assembles new or unused farm implements.
(12) “Net cost” means the price the retailer actually paid for the merchandise to the supplier.
(13) “Retailer” means any person engaged in the business of retailing farm implements, machinery or repair parts in this state.
(14) “Retailer agreement” means an agreement between a supplier and a retailer that provides for the rights and obligations of the parties with respect to purchase or sale of farm implements.
(15) “Specialized tool” means a tool that:
(a) The supplier requires a retailer to obtain; and
(b) Is unique to the diagnosis or repair of the supplier’s farm implements or machinery.
(16) “Supplier” means:
(a) A wholesaler, manufacturer, manufacturer’s representative or distributor.
(b) A successor in interest of a manufacturer, manufacturer’s representative or distributor, including, but not limited to:
(A) A purchaser of assets or shares of stock;
(B) A corporation or entity resulting from merger, liquidation or reorganization; or
(C) A receiver or trustee.
(c) The assignee of a supplier.
(17) “Warranty claim” means a claim for payment submitted by a retailer to a supplier for service or parts provided to a customer under a warranty issued by the supplier. [Formerly 646.415]Section: Previous 646A.278 646A.280 646A.282 646A.284 646A.286 646A.288 646A.290 646A.300 646A.302 646A.304 646A.306 646A.308 646A.310 646A.312 646A.314 Next
Last modified: August 7, 2008