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Title XXVI TRADE AND COMMERCE

Chapter 407

previous next Effective - 28 Aug 2002bottom

  407.850.  Definitions. — As used in sections 407.850 to 407.885, the following terms mean:

  (1)  "Current model", a model listed in the wholesaler's, manufacturer's or distributor's current sales manual or any supplements thereto;

  (2)  "Current net price", the price listed in the wholesaler's, manufacturer's or distributor's price list or catalogue in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts;

  (3)  "Inventory", equipment, implements, machinery, attachments and repair parts;

  (4)  "Net cost", the price the retailer actually paid for the merchandise to the wholesaler, manufacturer or distributor, plus freight from the wholesaler's, manufacturer's or distributor's location to the dealer's location;

  (5)  "Retailer", any person, firm or corporation engaged in the business of selling, repairing and retailing:

  (a)  Farm implements, machinery, attachments or repair parts;

  (b)  Industrial, maintenance and construction power equipment; or

  (c)  Outdoor power equipment used for lawn, garden, golf course, landscaping or grounds maintenance;

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but shall not include retailers of petroleum and motor vehicles and related automotive care and replacement products normally sold by such retailers.

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(L. 1982 H.B. 958 § 1, A.L. 1987 S.B. 35, A.L. 2000 H.B. 1142, A.L. 2002 H.B. 1348 merged with H.B. 2008)

(1991) Distributor of farm equipment violated statute by refusing to repurchase retailer's repair parts inventory upon the retailer's retirement from business. Lewis G. Moore & Co. v. Massey-Ferguson, Inc., 756 F.Supp. 424 (W.D. Mo.).


---- end of effective   28 Aug 2002 ----

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