House Journal: Page 598: Tuesday, March 5, 2002
30 who offers and sells the farm implements, or
31 motorcycles, all-terrain vehicles, or their related
32 parts or attachments to the general public.
33 5. "Franchiser" means a person who manufactures,
34 wholesales, or distributes farm implements, or
35 motorcycles, all-terrain vehicles, or related parts
36 for farm implements or motorcycles or attachments, and
37 who enters into a franchise.
38 6. "Motorcycle" has the same meaning means a motor
39 vehicle as defined in section 321.1, subsection 40,
40 paragraph "a" other than an all-terrain vehicle, which
41 has a saddle or seat for the use of a rider and that
42 is designed to travel on not more than two wheels in
43 contact with the ground, but excluding a motorized
44 bicycle as defined in section 321.1.
45 Sec. 5. Section 322D.2, Code 2001, is amended to
46 read as follows:
47 322D.2 FRANCHISEE'S RIGHTS TO PAYMENT.
48 1. A franchisee who enters into a written
49 franchise with a franchiser to maintain a stock of
50 farm implements, motorcycles, all-terrain vehicles, or
Page 2
1 related parts, or attachments, farm implements, or
2 motorcycles has the following rights to payment, at
3 the option of the franchisee, if the franchise is
4 terminated:
5 a. One hundred percent of the net cost of new
6 unused complete farm implements, or motorcycles,
7 including all-terrain vehicles, or related
8 attachments, which were purchased from the franchiser,
9 and in. In addition, the franchisee shall have a
10 right of payment for transportation charges on the
11 farm implements, or motorcycles, or all-terrain
12 vehicles which have been paid by the franchisee.
13 b. Eighty-five percent of the net prices of any
14 repair parts, including superseded parts, which were
15 purchased from the franchiser and held by the
16 franchisee on the date of that the termination of the
17 franchise terminated.
18 c. Five percent of the net prices of the parts
19 resold under paragraph "b" for handling, packing, and
20 loading of the parts except that. However, this
21 payment shall not be due to the franchisee if the
22 franchiser elects to perform the handling, packing,
23 and loading.
24 2. Upon receipt of the payments due under
25 subsection 1, the franchiser is entitled to possession
26 of and title to the farm implements, motorcycles, all-
27 terrain vehicles, or related parts or attachments, or
28 parts.
© 2002 Cornell College and
League of Women Voters of Iowa
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