RSA 339-C:1 · Definitions

339-C:1 Definitions. – In this chapter:

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I.

"Agreement" means any written agreement between a supplier and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the supplier.

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II.

"Commission agent" means a person who receives remuneration for his services in the form of a commission. The commission may be in the form of a percentage, a set fee, or a rate.

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III.

"Dealer" means any person who is not a petroleum supplier and who is engaged in the retail sale of gasoline to the motoring public in the state under agreements entered into with a petroleum supplier.

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IV.

"Distributor" means a person, other than a major oil company, who is engaged in commerce in the state, marketing petroleum products through the sale, consignment or distribution of such products to wholesale and retail accounts.

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V.

"Franchise" means the right of a dealer to operate a business under an agreement, and shall include both dealers who own and dealers who lease the premises on which the franchise is operated.

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VI.

"Major brand" means the trademark name of a company's product which is sold, consigned, or distributed and which is controlled or owned by a supplier.

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VII.

"Person" means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, 2 or more of the foregoing having a joint or common interest, or any other legal or commercial entity.

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VIII.

"Retail service station" means any service station, garage, or retail outlet which sells automotive gasoline and diesel fuel to the general public for ultimate consumption.

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IX.

"Secondary brand" means the trademark name of a second brand owned and controlled by a supplier and which is sometimes used as an alternative operating brand name under certain circumstances.

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X.

"Special modification" means a temporary adjustment of the normal rental rate.

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XI.

"Supplier" means any person, other than a distributor, engaged in the sale, consignment or distribution of petroleum products to retail service stations.

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XII.

"Unbranded station" means any retail service station, which sells gasoline under a private label trade name. Source. 1974, 24:1. 1983, 456:1, eff. Oct. 1, 1983.

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