322D.1  Definitions.

When used in this chapter, unless the context otherwise requires:

1.  "Attachment" means a machine or part of a machine designed to be used on and in conjunction with a farm implement or a motorcycle.

2.  "Farm implement" means a machine designed or adapted and used exclusively for agricultural or horticultural operations or livestock raising.

3.  "Franchise" means a contract between two or more persons when all of the following conditions are included:

a.  A commercial relationship of definite duration or continuing indefinite duration is involved.

b.  The franchisee is granted the right to offer and sell farm implements or motorcycles, or parts manufactured or distributed by the franchiser.

c.  The franchisee, as an independent business, constitutes a component of the franchiser's distribution system.

d.  The operation of the franchisee's business is substantially associated with the franchiser's trademark, service mark, trade name, advertising, or other commercial symbol designating the franchiser.

e.  The operation of the franchisee's business is substantially reliant on the franchiser for the continued supply of farm implements, motorcycles, parts, or attachments.

4.  "Franchisee" means a person who receives farm implements or motorcycles, or parts for farm implements or motorcycles from the franchiser under a franchise and who offers and sells the farm implements or motorcycles or their parts to the general public.

5.  "Franchiser" means a person who manufactures, wholesales, or distributes farm implements or motorcycles or parts for farm implements or motorcycles and who enters into a franchise.

6.  "Motorcycle" has the same meaning as defined in section 321.1, subsection 40, paragraph "a".

7.  "Net cost" means the price the franchisee actually paid for the merchandise to the franchiser less any applicable trade, volume, cash or bonus discounts.

8.  "Net price" means the price listed in the franchiser's price list in effect at the time the franchise is canceled, less any applicable trade, volume or cash discounts.

9.  "Person" means a sole proprietor, partnership, corporation, or any other form of business organization.

Section History: Recent form

  84 Acts, ch 1087, § 1; 85 Acts, ch 47, §1-4

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