407.850. Definitions. - Missouri Statutes

Definitions.

407.850. As used in sections 407.850 to 407.885, the following termsmean:

(1) "Current model", a model listed in the wholesaler's,manufacturer's or distributor's current sales manual or any supplementsthereto;

(2) "Current net price", the price listed in the wholesaler's,manufacturer's or distributor's price list or catalogue in effect at thetime the contract is canceled or discontinued, less any applicable tradeand cash discounts;

(3) "Inventory", equipment, implements, machinery, attachments andrepair parts;

(4) "Net cost", the price the retailer actually paid for themerchandise to the wholesaler, manufacturer or distributor, plus freightfrom the wholesaler's, manufacturer's or distributor's location to thedealer's location;

(5) "Retailer", any person, firm or corporation engaged in thebusiness of selling, repairing and retailing:

(a) Farm implements, machinery, attachments or repair parts;

(b) Industrial, maintenance and construction power equipment; or

(c) Outdoor power equipment used for lawn, garden, golf course,landscaping or grounds maintenance;

but shall not include retailers of petroleum and motor vehicles and relatedautomotive care and replacement products normally sold by such retailers.

(L. 1982 H.B. 958 § 1, A.L. 1987 S.B. 35, A.L. 2000 H.B. 1142, A.L. 2002 H.B. 1348 merged with H.B. 2008)

(1991) Distributor of farm equipment violated statute by refusing to repurchase retailer's repair parts inventory upon the retailer's retirement from business. Lewis G. Moore & Co. v. Massey-Ferguson, Inc., 756 F.Supp. 424 (W.D.Mo.).