Maine Code § 10-1285

Definitions
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As used in this chapter, unless the context otherwise indicates, the following terms have the
following meanings. [PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
1. Current net price. "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.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
2. Dealer. "Dealer" means a person, corporation or partnership primarily engaged in the business
of retail sales of farm and utility tractors, forestry equipment, industrial equipment, construction
equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories
and repair parts. "Dealer" does not include a person, corporation or partnership primarily engaged in
the retail sale of all-terrain vehicles or motorcycles. "Dealer" does not include a single-line dealer as
defined in subsection 5-A.
[PL 2011, c. 236, §1 (AMD); PL 2011, c. 236, §18 (AFF).]
3. Dealer agreement. "Dealer 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.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
4. Inventory. "Inventory" means farm, forestry, utility or industrial equipment, construction
equipment, implements, machinery, yard and garden equipment, attachments or repair parts.
[PL 2011, c. 236, §2 (AMD); PL 2011, c. 236, §18 (AFF).]
5. Net cost. "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 reasonable cost of assembly or disassembly performed by the
dealer.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
5-A. Single-line dealer. "Single-line dealer" means a person, corporation or partnership engaged
in retail sales that:
A. Has purchased 75% or more of total new product inventory from a single supplier; and [PL
2011, c. 236, §3 (NEW); PL 2011, c. 236, §18 (AFF).]
B. Has a total annual average sales volume for the previous 3 years in excess of $100,000,000 for
the entire territory subject to the agreement with the supplier. [PL 2011, c. 236, §3 (NEW); PL
2011, c. 236, §18 (AFF).]
[PL 2011, c. 236, §3 (NEW); PL 2011, c. 236, §18 (AFF).]

6. Supplier. "Supplier" means a wholesaler, manufacturer or distributor of inventory as defined
in this chapter who enters into a dealer agreement with a dealer.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
7. Termination. "Termination" of a dealer agreement means the cancellation, nonrenewal or
noncontinuance of the agreement.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]

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