Title 13, Chapter 8, Section 32
As used in this article, the term:
(1) "Distributor" or "wholesaler" means any person, company, or
corporation who purchases farm equipment or implements or parts
from a manufacturer and resells the same at wholesale to dealers.
(2) "Distributor or wholesaler branch" means a branch office
maintained by a distributor or wholesaler which sells or
distributes farm equipment or implements or parts to tractor or
farm equipment dealers.
(3) "Distributor representative" means a representative employed
by a distributor branch or distributor.
(4) "Factory branch" means a branch office maintained by a
manufacturer which manufactures and assembles farm equipment or
implements or parts for sale to distributors, tractor or farm
equipment dealers, or wholesalers or which is maintained for
directing and supervising the representatives of the manufacturer.
(5) "Factory representative" means a representative employed by a
manufacturer or employed by a factory branch for the purpose of
making or promoting the sale of farm equipment or implements or
parts or for supervising, servicing, instructing, or contracting
with farm equipment dealers or prospective dealers or wholesalers.
(6) "Farm equipment dealer" means any person who sells, solicits,
or advertises the sale of farm equipment to the consuming public.
It shall not include (A) receivers, trustees, administrators,
executors, guardians, or other persons appointed by or acting
under judgment, decree, or order of any court; (B) public officers
while performing their duties as such officers; (C) persons making
casual sales of their own item of farm equipment not subject to
sales tax under the laws of the State of Georgia; (D) persons
engaged in the auction sale of farm equipment; or (E) dealers in
used farm equipment.
(7) "Farm equipment or implements" means those farm implements
primarily designed for use in agriculture.
(8) "Franchise" means an oral or written agreement for a definite
or indefinite period of time in which a manufacturer grants to a
wholesaler permission to use a trade name, service mark, or
related characteristic, and in which there is a community of
interest in the marketing of farm equipment or implements or parts
or services related thereto at wholesale whether by leasing, sale,
(9) "Franchisee" means a wholesaler to whom a franchise is offered
(10) "Franchisor" means a manufacturer who grants a franchise to a
(11) "Fraud" means, in addition to its normal legal connotation,
the following: a misrepresentation in any manner, whether
intentionally false or arising from gross negligence, of a
material fact; a promise or representation not made honestly and
in good faith; or an intentional failure to disclose a material
(12) "Manufacturer" means any person engaged in the business of
manufacturing or assembling farm equipment or implements or parts.
(13) "New farm equipment or implements" means a unit of farm
equipment or implement which has not been previously sold to and
put into regular use or service by any person except a wholesaler
(14) "Person" means a natural person, corporation, partnership,
trust, or other business entity; and, in case of a business
entity, it shall include any other entity in which it has a
majority interest or effectively controls as well as the
individual officers, directors, and other persons in active
control of the activities of each such entity.
(15) "Sale" means the issuance, transfer, agreement for transfer,
exchange, pledge, hypothecation, or mortgage in any form, whether
by transfer in trust or otherwise, of any unit of farm equipment
or implement or parts or interest therein or of any franchise
related thereto; any option, subscription or other contract, or
solicitation, looking to a sale, or offer or attempt to sell in
any form, whether in oral or written form.