9
franchise law
5. “Factory representative” means a representative
employed by a factory branch for the purpose of making
or promoting the sale of motor vehicles or for supervising,
servicing, instructing or contacting franchised motor
vehicle dealers or prospective motor vehicle dealers.
6. “Franchise” means a written arrangement for a
definite or indefinite period in which a manufacturer or
distributor grants to a franchised motor vehicle 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 motor vehicles or services
related thereto at wholesale, retail, by lease or otherwise
and/or pursuant to which a franchised motor vehicle
dealer purchases and resells or offers (as agent, principal,
or otherwise) products associated with the name or mark
or related components of the franchise.
7. “Franchised motor vehicle dealer” means: (a) any
person required to be registered pursuant to section four
hundred fifteen of this title which has been granted a
franchise as defined in subdivision six of this section,
or (b) any person engaged in the business of selling
snowmobiles, all terrain vehicles and/or personal
watercraft at wholesale or retail who has been granted a
franchise; provided, however, that any person primarily
engaged in the sale of vessels and other marine items who
meets the definition of “dealer” as provided in subdivision
one of section eight hundred ten of the general business
law shall not be a “franchised motor vehicle dealer”
pursuant to this article.
8. “Franchisor” means any manufacturer, distributor,
distributor branch or factory branch, importer or other person,
partnership, corporation, association, or entity, whether
resident or non-resident, which enters into or is presently a
party to a franchise with a franchised motor vehicle dealer.
8-a. “Good faith” means, in addition to any common
law definitions of that term, honesty in fact and the
observation of reasonable commercial standards of fair
dealing in the trade.
9. “Manufacturer” means any person, partnership,
corporation, association, factory branch or other entity
engaged in the business of manufacturing or assemblying
[sic]
new and unused motor vehicles for sale in this state.
