59.1-353 - Chapter title; definitions.
§ 59.1-353. Chapter title; definitions.
This chapter may be cited as the "Heavy Equipment Dealer Act." As used inthis chapter unless the context requires otherwise:
"Agreement" means a commercial relationship, not required to be evidencedin writing, of definite or indefinite duration, between a supplier and adealer pursuant to which the dealer has been authorized to distribute one ormore of the supplier's heavy equipment products, and attachments and repairparts therefor, and in connection therewith to use a trade name, trademark,service mark, logo type, or advertising or other commercial symbol.
"Dealer" means a person in Virginia (i) engaged in the business of sellingor leasing heavy equipment at retail, (ii) who customarily maintains a totalinventory, valued at over $250,000, of new heavy equipment and attachmentsand repair parts therefor, and (iii) who provides repair services for theheavy equipment sold.
"Heavy equipment" means self-propelled, self-powered or pull-type equipmentand machinery, including engines, weighing 5000 pounds or more, primarilyemployed for construction, industrial, maritime, mining and forestry uses, assuch terms are commonly used and understood as a usage of trade in accordancewith § 8.1A-303(c). The term "heavy equipment" shall not include (i) motorvehicles requiring registration and certificates of title in accordance with§ 46.2-600, (ii) farm machinery, equipment and implements sold or leasedpursuant to dealer agreements with suppliers subject to the provisions ofChapter 27.1 (§ 59.1-352.1 et seq.) of this title, or (iii) equipment that is"consumer goods" within the meaning of § 8.9A-102.
"Person" means a natural person, corporation, partnership, trust, agency orother entity as well as the individual officers, directors or other personsin active control of the activities of each such entity. "Person" alsoincludes heirs, assigns, personal representatives, guardians and conservators.
"Supplier" means every person, including any agent of such person, or anyauthorized broker acting on behalf of that person, that enters into an"agreement" with a dealer.
(1988, c. 73; 1997, c. 801; 2002, c. 898; 2003, c. 353.)