Okla. Stat. tit. 15, § 15-245

For the purposes of the Fair Practices of Equipment

Manufacturers, Distributors, Wholesalers and Dealers Act:

1. “Current net parts price” means, with respect to current

parts, the price for repair parts listed in the supplier’s price

list or catalog in effect at the time the dealer agreement is

terminated or discontinued, or for purposes of Section 245A.5 of

this title, the price list or catalog in effect at the time the

repair parts were ordered. Current net parts price means, with

respect to superseded repair parts, the price listed in the

supplier’s price list or catalogue in effect at the time the dealer

agreement is terminated or discontinued for the part that performs

the same function and purpose as the superseded part, but is simply

listed under a different part number;

2. “Current net parts cost” means the current net parts price

less any trade or cash discounts typically given to the dealer with

respect to such dealer’s normal, ordinary course orders of repair

parts;

3. “Dealer” means any person primarily engaged in the business

of:

a. selling or leasing equipment or repair parts to the

ultimate consumer, and

b. repairing or servicing equipment;

4. “Dealer agreement” means either an oral or written agreement

or arrangement for a definite or indefinite period between a dealer

and a supplier that provides for the rights and obligations of the

parties with respect to the purchase or sale of equipment or repair

parts. Notwithstanding the foregoing, if a dealer has more than one

business location covered by the same dealer agreement, the

requirements of the Fair Practices of Equipment Manufacturers,

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Distributors, Wholesalers and Dealers Act will be applied to the

repurchase of a dealer’s inventory at a particular location upon the

closing of such location, unless the closing of the location occurs

without the permission of the supplier;

5. “Dealership” means the retail sale business engaged in by a

dealer under a dealer agreement;

6. “Demonstrator” means equipment in a dealer’s inventory that

has never been sold at retail, but has had its usage demonstrated to

potential customers, either without charge or pursuant to a short-

term rental agreement, with the intent of encouraging the person to

purchase the equipment and which has been authorized for the use by

the supplier;

7. “Equipment” means:

a. all-terrain vehicles, utility task vehicles and

recreational off-highway vehicles, in each case,

regardless of how used, and

b. other machinery, equipment, implements or attachments

therefor, used for or in connection with the following

purposes:

(1) lawn, garden, golf course, landscaping or grounds

maintenance,

(2) planting, cultivating, irrigating, harvesting,

and producing of agricultural and/or forestry

products,

(3) raising, feeding, tending to or harvesting

products from livestock or any other activity in

connection therewith, or
ent, implements or attachments

therefor, used for or in connection with the following

purposes:

(1) lawn, garden, golf course, landscaping or grounds

maintenance,

(2) planting, cultivating, irrigating, harvesting,

and producing of agricultural and/or forestry

products,

(3) raising, feeding, tending to or harvesting

products from livestock or any other activity in

connection therewith, or

(4) industrial, construction, maintenance, mining or

utility activities or applications.

Equipment shall not mean trailers or self-propelled vehicles

designed primarily for the transportation of persons or property on

a street or highway, or items constituting fixtures or otherwise

customarily intended to be permanently affixed to or incorporated

into real property and improvements attached thereto, and related

repair parts;

8. “Family member” means a spouse, child, son-in-law, daughter-

in-law or lineal descendant;

9. “Good cause” has the meaning as set forth in Section 245A.1

of this title, as applicable; provided, that:

a. a change in the executive management of the dealer

shall not constitute good cause unless the supplier

can demonstrate that the change is detrimental to the

representation of the supplier’s products, and

b. for purposes of subsection B of Section 245A.2 of this

title, good cause means showing that such sale or

transfer would be detrimental to the representation of

the supplier’s product;

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10. “Index” means the United States Bureau of Labor Statistics

Producer Price Index Industry Data for construction machinery

manufacturing, series identification number pcu333120333120 or any

successor Index measuring substantially similar information;

11. “Inventory” means equipment, repair parts, data processing

hardware or software, and specialized service or repair tools;

12. “Net equipment cost” means the price the dealer actually

paid to the supplier for equipment, plus:

a. freight, at the cost stated on the invoice, if

available, and if not the truckload rates in effect as

of the effective date of the termination of a dealer

agreement, if freight was paid by the dealer from the

supplier’s location to the dealer’s location, and

b. reimbursement for labor incurred in preparing the

equipment for retail sale or rental, also known as

set-up costs, which labor will be reimbursed at the

dealer’s standard labor rate charged by the dealer to

its customers for nonwarranty repair work; provided,

however, if a supplier has established a reasonable

set-up time, such labor will be reimbursed at an

amount equal to the reasonable set-up time in effect

as of the date of delivery multiplied by the dealer’s

standard labor rate;

13. “New equipment” means, for purposes of determining whether

a dealer is a single-line dealer, any equipment that could be

returned to the supplier upon a termination of a dealer agreement

pursuant to Sections 246 and 247 of this title;

14. “Person” means a natural person, corporation, partnership,

limited liability company, company, trust or any and all other forms

of business enterprise, including any other entity in which it has a

majority interest or of which it has control, as well as the

individual officers, directors and other persons in active control

of the activities of each entity;

15. “Repair parts” means all parts related to the repair of

equipment, including superseded parts;

16. “Single-line dealer” means a dealer that has:

a. purchased construction, industrial, forestry and

mining equipment from a single-line supplier

constituting seventy–five percent (75%) of the

dealer’s new equipment that is construction,

industrial, forestry and mining equipment, calculated

on the basis of net equipment cost, and

b. a total annual average sales volume of equipment

acquired from the single-line supplier in excess of

Twenty-five Million Dollars ($25,000,000.00) for the
and

mining equipment from a single-line supplier

constituting seventy–five percent (75%) of the

dealer’s new equipment that is construction,

industrial, forestry and mining equipment, calculated

on the basis of net equipment cost, and

b. a total annual average sales volume of equipment

acquired from the single-line supplier in excess of

Twenty-five Million Dollars ($25,000,000.00) for the

five (5) calendar years immediately preceding the

applicable determination date; provided, however, the

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twenty-five-million-dollar threshold will be increased

each year by an amount equal to the then current

threshold multiplied by the percentage increase in the

Index from January of the immediately preceding year

to January of the current year;

17. “Single-line dealer agreement” means a dealer agreement

between a single-line dealer and a single-line supplier that only

provides for the rights and obligations of the parties with respect

to the purchase and sales of equipment that is construction,

forestry, industrial and mining equipment;

18. “Single-line supplier” means the supplier that is selling

the single-line dealer construction, industrial, forestry and mining

equipment constituting seventy-five percent (75%) of the dealer’s

new equipment that is construction, industrial, forestry and mining

equipment;

19. “Specialty agricultural equipment” means equipment that is

designed for and used in:

a. planting, cultivating, irrigating, harvesting and

producing of the agricultural products, or

b. raising, feeding, tending to or harvesting products

from livestock;

20. “Specialty agricultural equipment supplier” means a

supplier of specialty agricultural equipment whose gross sales

revenue to the dealer is less than the threshold amount and whose

product line does not include farm tractors or combines and whose

sales of outdoor power equipment to the dealer does not exceed ten

percent (10%) of its total sales to the dealer during the one-year

period ending on the last day of the calendar month immediately

preceding the effective date of the termination of the dealer

agreement. Whether a supplier qualifies as a specialty agricultural

equipment supplier is determined on a case-by-case basis depending

on the sales of the applicable dealer and to the applicable dealer

by such specialty agricultural equipment supplier;

21. “Supplier” means any person engaged in the business of

manufacturing, assembly or wholesale distribution of equipment or

repair parts. The term shall also include any successor in

interest, including any receiver, trustee, liquidator, assignee,

purchaser of assets or stock, or a surviving corporation resulting

from a merger, liquidation or reorganization of the original

supplier. Purchasers of all, or substantially all, of the inventory

of a supplier or a supplier’s division or product line will

constitute a purchaser of all or substantially all of the supplier’s

assets;

22. “Terminate” or “termination” means to terminate, cancel,

fail to renew or substantially change the competitive circumstances

of a dealer agreement. For purposes of Sections 245A.5, 246, and

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247 of this title, the terms shall not include the phrase

“substantially change the competitive circumstances of”; and

23. “Threshold amount” means that the lesser of:

a. ten percent (10%) of the dealer’s gross sales revenue,

or

b. Three Hundred Fifty Thousand Dollars ($350,000.00), in

each case based on net sales of the dealership during

the one-year period ending on the last day of the

calendar month immediately preceding the effective

date of the termination of the dealer agreement;

provided, however, the three-hundred-fifty-thousand-

dollar amount will be increased each year by an amount

equal to the then current amount multiplied by the

percentage increase in the Index from January of the
sales of the dealership during

the one-year period ending on the last day of the

calendar month immediately preceding the effective

date of the termination of the dealer agreement;

provided, however, the three-hundred-fifty-thousand-

dollar amount will be increased each year by an amount

equal to the then current amount multiplied by the

percentage increase in the Index from January of the

immediately preceding year to January of the current

year.