2005 Idaho Code - 28-24-102 — DEFINITIONS

                                  TITLE  28
                           COMMERCIAL TRANSACTIONS
                                  CHAPTER 24
               [SUPPLIERS AND DEALERS IN AGRICULTURE EQUIPMENT]
                                   PART 1.
                         AGREEMENTS BETWEEN SUPPLIERS
                        AND DEALERS OF FARM EQUIPMENT
    28-24-102.  DEFINITIONS. As used in this chapter:
    (1)  "Assigned area of responsibility" means the geographic region for
which a particular dealer is responsible for the marketing, selling, leasing
or servicing of equipment pursuant to a dealer agreement as assigned by the
supplier.
    (2)  "Continuing commercial relationship" means any relationship in which
the equipment dealer has been granted the right to sell or service equipment
manufactured by supplier.
    (3)  "Dealer agreement" means a contract or agreement, either expressed or
implied, whether oral or written, between a supplier and an equipment dealer,
by which the equipment dealer is granted the right to sell, distribute or
service the supplier's equipment, where there is a continuing commercial
relationship between the supplier and the equipment dealer.
    (4)  "Demonstration and/or rental equipment" is equipment that has been
used but has not been sold to an end user.
    (5)  "Equipment" means machines designed for or adapted and used for
agriculture, horticulture, livestock and grazing and related industries but
not exclusive to agricultural use. Equipment also includes:
    (a)  "All-terrain vehicles" or "ATVs," including three-wheeled and
    four-wheeled motorized vehicles, generally characterized by large,
    low-pressure tires, a seat designed to be straddled by the operator, and
    handlebars for steering. All-terrain vehicles are intended for off-road
    use.
    (b)  "Outdoor power equipment" means equipment powered by a two-cycle or
    four-cycle gas or diesel engine, or electric motor, which is used to
    maintain commercial, public or residential lawns and gardens or used in
    landscape, turf, golf course or plant nursery maintenance.
    (6)  "Equipment dealer" or "equipment dealership" means any person,
partnership, corporation, association or other form of business enterprise,
primarily engaged in the retail sale and/or service of equipment in this
state, pursuant to any oral or written agreement for a definite or indefinite
period of time in which there is a continuing commercial relationship in the
marketing of the equipment or related services.
    (7)  "Good cause" means failure by an equipment dealer to substantially
comply with essential and reasonable requirements imposed upon the equipment
dealer by the dealer agreement, provided, such requirements are not different
from those requirements imposed on other similarly situated equipment dealers
in the state either by their terms or in the manner of their enforcement.
    (8)  "Supplier" means the manufacturer, wholesaler or distributor of the
equipment to be sold by the equipment dealer, or any successor in interest to
or assignee of the supplier. A successor in interest includes any purchaser of
assets or stock, any surviving corporation resulting from merger or
liquidation, any receiver or any trustee of the original supplier.
    (9)  "Warranty claim" means a claim for payment submitted by an equipment
dealer to a supplier for service or parts, or both, provided to a customer
under a:
    (a)  Warranty issued by the supplier; or
    (b)  Recall or modification order issued by the supplier.