10-1-731. Definitions.

As used in this article, the term:

“Agreement” means a commercial relationship, either written or oral, between a supplier and a multiline dealer pursuant to which the multiline dealer has been authorized to distribute one or more of the supplier’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.#

“Heavy equipment” means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines, weighing 5,000 pounds or more and primarily employed for construction, industrial, maritime, mining, or forestry uses. The term “heavy equipment” shall not include:#

1. (A)

   Motor vehicles requiring registration and certificates of title;#

2. (B)

   Farm machinery, equipment, and implements; or#

3. (C)

   Equipment that is “consumer goods” within the meaning of Code Section 11-9-102.#

“Multiline dealer” means a person in Georgia meeting all the following requirements:#

1. (A)

   Who is engaged in the business of selling or leasing heavy equipment at retail;#

2. (B)

   Who customarily maintains a total inventory valued at over $250,000.00 of new heavy equipment and attachments and repair parts therefor;#

3. (C)

   Who provides repair services for the heavy equipment sold;#

4. (D)

   Who has agreements with at least six different suppliers; and#

5. (E)

   Whose retail sales volume of heavy equipment purchased from a single supplier, under all agreements with that supplier, is not greater than 75 percent of such person’s total retail sales volume of heavy equipment during:#

   1. (i)

      The 12 month period immediately prior to July 1, 1989, if an agreement or agreements between the supplier and such person is or are in effect on July 1, 1989; or#

   2. (ii)

      The 12 month period immediately following the date the initial agreement between the supplier and such person is entered into, or portion thereof in the event of cancellation, termination, or transfer of the business prior to the end of such 12 month period, if such initial agreement is entered into subsequent to July 1, 1989.#

“Person” 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. The term “person” also includes heirs, assigns, personal representatives, and guardians.#

“Supplier” means every person, including any agent of such person or any authorized broker acting on behalf of that person, that enters into an agreement with a multiline dealer.#