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Justia> Law> South Dakota Law> South Dakota Code> Title 32 — MOTOR VEHICLES> 06E — Regulations Of Snowmobiles Franchising Agreements> 32-6E-1 — Definition of terms.

32-6E-1 — Definition of terms.

             (1)      "Community," the franchisee's area of responsibility as stipulated in the franchise. A community has a minimum radius of ten miles around an existing dealership;

             (2)      "Department," the Department of Revenue and Regulation ;

             (3)      "Franchise," a written agreement or contract between a franchisor and a franchisee which fixes the legal rights and liabilities of the parties to such agreement or contract;

             (4)      "Franchisee," any person who receives snowmobiles from a franchisor under a franchise and who offers and sells the snowmobiles to the general public;

             (5)      "Franchisor," any person engaged in the manufacturing or distribution of snowmobiles including any person who acts for the franchisor;

             (6)      "Manufacturer," any person who manufactures or assembles snowmobiles and who issues the original or first manufacturer's statement of origin. The term, manufacturer, includes a central or principal sales corporation through which it distributes its products to franchised dealers;

             (7)      "Snowmobile dealer," any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of new or used snowmobiles, or who is engaged wholly or in part in the business of selling new or used snowmobiles.

Source: SL 1994, ch 248, § 1; SL 2004, ch 17, § 96.