                                 CODE OF VIRGINIA

CHAPTER TITLE; DEFINITIONS (§ 59.1-353)

This chapter may be cited as the &#8220;Heavy Equipment Dealer Act.&#8221; As
used in this chapter unless the context requires otherwise:
		&#8220;Agreement&#8221; means a commercial relationship, not required to be
evidenced in writing, of definite or indefinite duration, between a supplier and
a dealer pursuant to which the dealer has been authorized to distribute one or
more of the supplier&#8217;s heavy equipment products, and attachments and
repair parts therefor, and in connection therewith to use a trade name,
trademark, service mark, logo type, or advertising or other commercial symbol.
		&#8220;Dealer&#8221; means a person in Virginia (i) engaged in the business of
selling or leasing heavy equipment at retail, (ii) who customarily maintains a
total inventory, valued at over $250,000, of new heavy equipment and attachments
and repair parts therefor, and (iii) who provides repair services for the heavy
equipment sold.
		&#8220;Heavy equipment&#8221; means self-propelled, self-powered or pull-type
equipment and machinery, including engines, weighing 5000 pounds or more,
primarily employed for construction, industrial, maritime, mining and forestry
uses, as such terms are commonly used and understood as a usage of trade in
accordance with § 8.1A-303(c). The term &#8220;heavy equipment&#8221; shall not
include (i) motor vehicles requiring registration and certificates of title in
accordance with § 46.2-600, (ii) farm machinery, equipment and implements sold
or leased pursuant to dealer agreements with suppliers subject to the provisions
of Chapter 27.1 (§ 59.1-352.1 et seq.) of this title, or (iii) equipment that
is &#8220;consumer goods&#8221; within the meaning of § 8.9A-102.
		&#8220;Person&#8221; means a natural person, corporation, partnership, trust,
agency or other entity as well as the individual officers, directors or other
persons in active control of the activities of each such entity.
&#8220;Person&#8221; also includes heirs, assigns, personal representatives,
guardians and conservators.
		&#8220;Supplier&#8221; means every person, including any agent of such person,
or any authorized broker acting on behalf of that person, that enters into an
&#8220;agreement&#8221; with a dealer.

HISTORY: 1988, c. 73; 1997, c. 801; 2002, c. 898; 2003, c. 353.