Maine Revised Statutes Title 10 Sec. 1196 – Definitions
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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 631 (NEW).]
1. Distributor or wholesaler. “Distributor” or “wholesaler” means any person who sells or distributes new or used watercraft or engines for watercraft to watercraft dealers or who maintains distributor representatives within this State.
[PL 1991, c. 631 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1196
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Franchise: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a watercraft dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of watercraft or engines for watercraft or services related to watercraft at wholesale, retail, leasing or otherwise. See Maine Revised Statutes Title 10 Sec. 1196
- Franchisee: means a watercraft dealer to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1196
- Franchisor: means a manufacturer, distributor or wholesaler who grants a franchise to a watercraft dealer. See Maine Revised Statutes Title 10 Sec. 1196
- manufacturer: includes the term "distributor" or "wholesaler. See Maine Revised Statutes Title 10 Sec. 1196
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Watercraft: means any type of vessel, boat or craft used or capable of being used as a means of transportation on water. See Maine Revised Statutes Title 10 Sec. 1196
- Watercraft dealer: means any person who sells or solicits or advertises the sale of new or used watercraft or engines for watercraft. See Maine Revised Statutes Title 10 Sec. 1196
- wholesaler: means any person who sells or distributes new or used watercraft or engines for watercraft to watercraft dealers or who maintains distributor representatives within this State. See Maine Revised Statutes Title 10 Sec. 1196
2. Franchise. “Franchise” means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a watercraft dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of watercraft or engines for watercraft or services related to watercraft at wholesale, retail, leasing or otherwise.
[PL 1991, c. 631 (NEW).]
3. Franchisee. “Franchisee” means a watercraft dealer to whom a franchise is offered or granted.
[PL 1991, c. 631 (NEW).]
4. Franchisor. “Franchisor” means a manufacturer, distributor or wholesaler who grants a franchise to a watercraft dealer.
[PL 1991, c. 631 (NEW).]
5. Manufacturer. “Manufacturer” means any person, partnership, firm, association, corporation or trust, resident or nonresident, that manufactures or assembles new watercraft or engines for watercraft, or imports for distribution through distributors of watercraft, or any partnership, firm, association, joint venture, corporation or trust, resident or nonresident, that is controlled by the manufacturer. The term “manufacturer” includes the term “distributor” or “wholesaler.”
[PL 1991, c. 631 (NEW).]
6. Watercraft. “Watercraft” means any type of vessel, boat or craft used or capable of being used as a means of transportation on water. “Watercraft” does not include a seaplane or a personal sports mobile as defined in section 1242, subsection 15.
[PL 1997, c. 473, §2 (AMD).]
7. Watercraft dealer. “Watercraft dealer” means any person who sells or solicits or advertises the sale of new or used watercraft or engines for watercraft. “Watercraft dealer” does not include receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court or public officers while performing their duties as such officers.
[PL 1991, c. 631 (NEW).]
SECTION HISTORY
PL 1991, c. 631 (NEW). PL 1997, c. 473, §2 (AMD).