{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-245","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-245","heading":"Definitions","body":"For the purposes of the Fair Practices of Equipment\n\nManufacturers, Distributors, Wholesalers and Dealers Act:\n\n1. “Current net parts price” means, with respect to current\n\nparts, the price for repair parts listed in the supplier’s price\n\nlist or catalog in effect at the time the dealer agreement is\n\nterminated or discontinued, or for purposes of Section 245A.5 of\n\nthis title, the price list or catalog in effect at the time the\n\nrepair parts were ordered. Current net parts price means, with\n\nrespect to superseded repair parts, the price listed in the\n\nsupplier’s price list or catalogue in effect at the time the dealer\n\nagreement is terminated or discontinued for the part that performs\n\nthe same function and purpose as the superseded part, but is simply\n\nlisted under a different part number;\n\n2. “Current net parts cost” means the current net parts price\n\nless any trade or cash discounts typically given to the dealer with\n\nrespect to such dealer’s normal, ordinary course orders of repair\n\nparts;\n\n3. “Dealer” means any person primarily engaged in the business\n\nof:\n\na. selling or leasing equipment or repair parts to the\n\nultimate consumer, and\n\nb. repairing or servicing equipment;\n\n4. “Dealer agreement” means either an oral or written agreement\n\nor arrangement for a definite or indefinite period between a dealer\n\nand a supplier that provides for the rights and obligations of the\n\nparties with respect to the purchase or sale of equipment or repair\n\nparts. Notwithstanding the foregoing, if a dealer has more than one\n\nbusiness location covered by the same dealer agreement, the\n\nrequirements of the Fair Practices of Equipment Manufacturers,\n\nDistributors, Wholesalers and Dealers Act will be applied to the\n\nrepurchase of a dealer’s inventory at a particular location upon the\n\nclosing of such location, unless the closing of the location occurs\n\nwithout the permission of the supplier;\n\n5. “Dealership” means the retail sale business engaged in by a\n\ndealer under a dealer agreement;\n\n6. “Demonstrator” means equipment in a dealer’s inventory that\n\nhas never been sold at retail, but has had its usage demonstrated to\n\npotential customers, either without charge or pursuant to a short-\n\nterm rental agreement, with the intent of encouraging the person to\n\npurchase the equipment and which has been authorized for the use by\n\nthe supplier;\n\n7. “Equipment” means:\n\na. all-terrain vehicles, utility task vehicles and\n\nrecreational off-highway vehicles, in each case,\n\nregardless of how used, and\n\nb. other machinery, equipment, implements or attachments\n\ntherefor, used for or in connection with the following\n\npurposes:\n\n(1) lawn, garden, golf course, landscaping or grounds\n\nmaintenance,\n\n(2) planting, cultivating, irrigating, harvesting,\n\nand producing of agricultural and/or forestry\n\nproducts,\n\n(3) raising, feeding, tending to or harvesting\n\nproducts from livestock or any other activity in\n\nconnection therewith, or\nent, implements or attachments\n\ntherefor, used for or in connection with the following\n\npurposes:\n\n(1) lawn, garden, golf course, landscaping or grounds\n\nmaintenance,\n\n(2) planting, cultivating, irrigating, harvesting,\n\nand producing of agricultural and/or forestry\n\nproducts,\n\n(3) raising, feeding, tending to or harvesting\n\nproducts from livestock or any other activity in\n\nconnection therewith, or\n\n(4) industrial, construction, maintenance, mining or\n\nutility activities or applications.\n\nEquipment shall not mean trailers or self-propelled vehicles\n\ndesigned primarily for the transportation of persons or property on\n\na street or highway, or items constituting fixtures or otherwise\n\ncustomarily intended to be permanently affixed to or incorporated\n\ninto real property and improvements attached thereto, and related\n\nrepair parts;\n\n8. “Family member” means a spouse, child, son-in-law, daughter-\n\nin-law or lineal descendant;\n\n9. “Good cause” has the meaning as set forth in Section 245A.1\n\nof this title, as applicable; provided, that:\n\na. a change in the executive management of the dealer\n\nshall not constitute good cause unless the supplier\n\ncan demonstrate that the change is detrimental to the\n\nrepresentation of the supplier’s products, and\n\nb. for purposes of subsection B of Section 245A.2 of this\n\ntitle, good cause means showing that such sale or\n\ntransfer would be detrimental to the representation of\n\nthe supplier’s product;\n\n10. “Index” means the United States Bureau of Labor Statistics\n\nProducer Price Index Industry Data for construction machinery\n\nmanufacturing, series identification number pcu333120333120 or any\n\nsuccessor Index measuring substantially similar information;\n\n11. “Inventory” means equipment, repair parts, data processing\n\nhardware or software, and specialized service or repair tools;\n\n12. “Net equipment cost” means the price the dealer actually\n\npaid to the supplier for equipment, plus:\n\na. freight, at the cost stated on the invoice, if\n\navailable, and if not the truckload rates in effect as\n\nof the effective date of the termination of a dealer\n\nagreement, if freight was paid by the dealer from the\n\nsupplier’s location to the dealer’s location, and\n\nb. reimbursement for labor incurred in preparing the\n\nequipment for retail sale or rental, also known as\n\nset-up costs, which labor will be reimbursed at the\n\ndealer’s standard labor rate charged by the dealer to\n\nits customers for nonwarranty repair work; provided,\n\nhowever, if a supplier has established a reasonable\n\nset-up time, such labor will be reimbursed at an\n\namount equal to the reasonable set-up time in effect\n\nas of the date of delivery multiplied by the dealer’s\n\nstandard labor rate;\n\n13. “New equipment” means, for purposes of determining whether\n\na dealer is a single-line dealer, any equipment that could be\n\nreturned to the supplier upon a termination of a dealer agreement\n\npursuant to Sections 246 and 247 of this title;\n\n14. “Person” means a natural person, corporation, partnership,\n\nlimited liability company, company, trust or any and all other forms\n\nof business enterprise, including any other entity in which it has a\n\nmajority interest or of which it has control, as well as the\n\nindividual officers, directors and other persons in active control\n\nof the activities of each entity;\n\n15. “Repair parts” means all parts related to the repair of\n\nequipment, including superseded parts;\n\n16. “Single-line dealer” means a dealer that has:\n\na. purchased construction, industrial, forestry and\n\nmining equipment from a single-line supplier\n\nconstituting seventy–five percent (75%) of the\n\ndealer’s new equipment that is construction,\n\nindustrial, forestry and mining equipment, calculated\n\non the basis of net equipment cost, and\n\nb. a total annual average sales volume of equipment\n\nacquired from the single-line supplier in excess of\n\nTwenty-five Million Dollars ($25,000,000.00) for the\nand\n\nmining equipment from a single-line supplier\n\nconstituting seventy–five percent (75%) of the\n\ndealer’s new equipment that is construction,\n\nindustrial, forestry and mining equipment, calculated\n\non the basis of net equipment cost, and\n\nb. a total annual average sales volume of equipment\n\nacquired from the single-line supplier in excess of\n\nTwenty-five Million Dollars ($25,000,000.00) for the\n\nfive (5) calendar years immediately preceding the\n\napplicable determination date; provided, however, the\n\ntwenty-five-million-dollar threshold will be increased\n\neach year by an amount equal to the then current\n\nthreshold multiplied by the percentage increase in the\n\nIndex from January of the immediately preceding year\n\nto January of the current year;\n\n17. “Single-line dealer agreement” means a dealer agreement\n\nbetween a single-line dealer and a single-line supplier that only\n\nprovides for the rights and obligations of the parties with respect\n\nto the purchase and sales of equipment that is construction,\n\nforestry, industrial and mining equipment;\n\n18. “Single-line supplier” means the supplier that is selling\n\nthe single-line dealer construction, industrial, forestry and mining\n\nequipment constituting seventy-five percent (75%) of the dealer’s\n\nnew equipment that is construction, industrial, forestry and mining\n\nequipment;\n\n19. “Specialty agricultural equipment” means equipment that is\n\ndesigned for and used in:\n\na. planting, cultivating, irrigating, harvesting and\n\nproducing of the agricultural products, or\n\nb. raising, feeding, tending to or harvesting products\n\nfrom livestock;\n\n20. “Specialty agricultural equipment supplier” means a\n\nsupplier of specialty agricultural equipment whose gross sales\n\nrevenue to the dealer is less than the threshold amount and whose\n\nproduct line does not include farm tractors or combines and whose\n\nsales of outdoor power equipment to the dealer does not exceed ten\n\npercent (10%) of its total sales to the dealer during the one-year\n\nperiod ending on the last day of the calendar month immediately\n\npreceding the effective date of the termination of the dealer\n\nagreement. Whether a supplier qualifies as a specialty agricultural\n\nequipment supplier is determined on a case-by-case basis depending\n\non the sales of the applicable dealer and to the applicable dealer\n\nby such specialty agricultural equipment supplier;\n\n21. “Supplier” means any person engaged in the business of\n\nmanufacturing, assembly or wholesale distribution of equipment or\n\nrepair parts. The term shall also include any successor in\n\ninterest, including any receiver, trustee, liquidator, assignee,\n\npurchaser of assets or stock, or a surviving corporation resulting\n\nfrom a merger, liquidation or reorganization of the original\n\nsupplier. Purchasers of all, or substantially all, of the inventory\n\nof a supplier or a supplier’s division or product line will\n\nconstitute a purchaser of all or substantially all of the supplier’s\n\nassets;\n\n22. “Terminate” or “termination” means to terminate, cancel,\n\nfail to renew or substantially change the competitive circumstances\n\nof a dealer agreement. For purposes of Sections 245A.5, 246, and\n\n247 of this title, the terms shall not include the phrase\n\n“substantially change the competitive circumstances of”; and\n\n23. “Threshold amount” means that the lesser of:\n\na. ten percent (10%) of the dealer’s gross sales revenue,\n\nor\n\nb. Three Hundred Fifty Thousand Dollars ($350,000.00), in\n\neach case based on net sales of the dealership during\n\nthe one-year period ending on the last day of the\n\ncalendar month immediately preceding the effective\n\ndate of the termination of the dealer agreement;\n\nprovided, however, the three-hundred-fifty-thousand-\n\ndollar amount will be increased each year by an amount\n\nequal to the then current amount multiplied by the\n\npercentage increase in the Index from January of the\nsales of the dealership during\n\nthe one-year period ending on the last day of the\n\ncalendar month immediately preceding the effective\n\ndate of the termination of the dealer agreement;\n\nprovided, however, the three-hundred-fifty-thousand-\n\ndollar amount will be increased each year by an amount\n\nequal to the then current amount multiplied by the\n\npercentage increase in the Index from January of the\n\nimmediately preceding year to January of the current\n\nyear.","path":["OK Code","Title 15"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6aed4df2c24f105cfb33244f43d3e9e82f415d841fe33dae4f7b85376eebf98f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-244a","next":"us-ok/okla.-stat.-tit.-15-15-245a"},"notice":"GroundRules: Original legal text. Not legal advice."}