                                 CODE OF VIRGINIA

DEFINITIONS (§ 59.1-352.1)

As used in this chapter, unless the context requires otherwise:
		&#8220;Agreement&#8221; means a written or oral contract or agreement between
a dealer and a wholesaler, manufacturer, or distributor by which the dealer is
granted one or more of the following rights:

1. To sell or distribute goods or services.

2. To use a trade name, trademark, service mark, logo type, or advertising or
other commercial symbol.
			&#8220;Current model&#8221; means a model listed in the wholesaler&#8217;s,
manufacturer&#8217;s, or distributor&#8217;s current sales manual or any
supplements.
			&#8220;Current net price&#8221; means the price listed in the
supplier&#8217;s price list or catalog in effect at the time the agreement is
terminated, less any applicable discounts allowed.
			&#8220;Dealer&#8221; means a person engaged in the business of selling at
retail farm, construction, utility or industrial equipment, implements,
machinery, attachments, outdoor power equipment, or repair parts.
			&#8220;Family member&#8221; means a spouse, brother, sister, parent,
grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law,
son-in-law, stepparent, or stepchild, or a lineal descendant of the dealer or
principal owner of the dealership.
			&#8220;Good cause&#8221; means failure by a dealer to comply with
requirements imposed upon the dealer by the agreement if the requirements are
not different from those imposed on other dealers similarly situated in this
Commonwealth. In addition, good cause exists in any of the following
circumstances:

1. A petition under bankruptcy or receivership law has been filed against the
dealer.

2. The dealer has made an intentional misrepresentation with the intent to
defraud the supplier.

3. Default by the dealer under a chattel mortgage or other security agreement
between the dealer and the supplier or a revocation or discontinuance of a
guarantee of a present or future obligation of the retailer to the supplier.

4. Closeout or sale of a substantial part of the dealer&#8217;s business related
to the handling of goods; the commencement or dissolution or liquidation of the
dealer if the dealer is a partnership or corporation; or a change, without the
prior written approval of the supplier, which shall not be unreasonably
withheld, in the location of the dealer&#8217;s principal place of business or
additional locations set forth in the agreement.

5. Withdrawal of an individual proprietor, partner, major shareholder, or
manager of the dealership, or a substantial reduction in interest of a partner
or major shareholder, without the prior written consent of the supplier.

6. Revocation or discontinuance of any guarantee of the dealer&#8217;s present
or future obligations to the supplier.

7. The dealer has failed to operate in the normal course of business for seven
consecutive business days or has otherwise abandoned the business.

8. The dealer has pleaded guilty to or has been convicted of a felony affecting
the relationship between the dealer and the supplier.

9. The dealer transfers an interest in the dealership, or a person with a
substantial interest in the ownership or control of the dealership, including an
individual proprietor, partner, or major shareholder, withdraws from the
dealership or dies, or a substantial reduction occurs in the interest of a
partner or major shareholder in the dealership.
			&#8220;Inventory&#8221; means farm implements and machinery, construction,
utility and industrial equipment, consumer products, outdoor power equipment,
attachments, or repair parts.
			&#8220;Net cost&#8221; means the price the dealer paid the supplier for the
inventory, less all applicable discounts allowed, plus the amount the dealer
paid for freight costs from the supplier&#8217;s location to the dealer&#8217;s
location, plus reasonable cost of assembly or disassembly performed by the
dealer.
			&#8220;Superseded part&#8221; means any part that will provide the same
function as a currently available part as of the date of cancellation.
			&#8220;Supplier&#8221; means a wholesaler, manufacturer, distributor, or any
purchaser of assets or stock of any surviving corporation resulting from a
merger or liquidation, any receiver or assignee, or any trustee of the original
manufacturer, wholesaler, or distributor who enters into an agreement with a
dealer.
			&#8220;Termination&#8221; of an agreement means the termination,
cancellation, nonrenewal, or noncontinuance of the agreement.

HISTORY: 2002, c. 898.