2017 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 29. RETAIL SALES OF MOTOR FUEL
§ 2901. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:

(1) "Automotive products'' shall mean any product sold or distributed by a retail dealer for use with a motor vehicle, whether or not such product is essential for the maintenance of the motor vehicle and whether or not such product is also used for nonautomotive purposes.

(2) "Deposit in advance'' shall mean any deposit, regardless of its purported purpose, which is received by a distributor or manufacturer from the retail dealer as a breakage, security or other similar deposit.

(3) "Manufacturer'' shall mean every producer or refiner of petroleum products, or the producer or fabricator of any automotive product sold or distributed by a service station.

(4) "Marketing agreement'' shall mean a written or parol agreement between a manufacturer and a retail dealer or a distributor and a retail dealer under which:

a. The dealer promises to sell or distribute the product or products of the manufacturer or distributor;

b. The retail dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by a manufacturer; or

c. The retail dealer is granted the right to occupy premises owned, leased or controlled by a manufacturer or distributor.

(5) "Motor fuel'' shall mean and include any substance or combination of substances which is intended to be or is capable of being used for the purpose of propelling or running by combustion any internal combustion engine and sold or used for that purpose.

(6) "Retail dealer'' shall mean and include any person operating a service station, filling station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine.

(7) "Retail fuel outlet'' shall mean a place at which gasoline and oil are stored and supplied to service stations or to the public, and which is operated by independent contractors or by persons in the employ of such independent contractors.

42 Del. Laws, c. 70, §§ 2, 3; 48 Del. Laws, c. 299, § 1; 6 Del. C. 1953, § 2901; 59 Del. Laws, c. 556, § 1; 77 Del. Laws, c. 394, § 1.;