S.C. Code § 56-16-10 - Definitions

• Cite as: S.C. Code § 56-16-10

As used in this chapter:

(a) 'Motor vehicle', any motor driven vehicle required to be registered under Section 56-3-110. This definition does not include motorcycles or mopeds.

(b) "Manufacturer" means any person, resident, or nonresident who manufacturers or assembles new motorcycles, or imports for distribution through distributors of motor vehicles, including any person, partnership, or corporation which acts for and is under the control of a manufacturer or assembler in connection with the distribution of motorcycles and includes distributor and factory branch.

(c) "Dealership facilities" means the real estate, buildings, fixtures, and improvements devoted to the conduct of business under the franchise by the new motorcycle dealer.

(d) "Franchise" means the written agreement or contract between any new motorcycle manufacturer, and any new motorcycle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchised product or leases or rents the dealership premises.

(e) "Factory branch" means a branch office maintained by a manufacturer which manufactures or assembles motorcycles for sale to distributors or motorcycle dealers or which is maintained for directing and supervising the representatives of the manufacturer.

(f) "Distributor branch" means a branch office maintained by a distributor who sells or distributes new or used motorcycles to motorcycle dealers.

(g) "Factory representative" means a representative employed by a manufacturer or by a factory branch for the purpose of making or promoting the sale of motorcycles or for supervising, servicing, instructing, or contracting with motorcycle dealers or prospective motorcycle dealers.

(h) "Distributor representative" means a representative employed by a distributor branch or distributor.

(i) "Franchiser" means a manufacturer, distributor, or wholesaler who grants a franchise to a motorcycle dealer.

(j) "Franchisee" means a motorcycle dealer to whom a franchise is offered or granted.

(k) "Sale" means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motorcycle or interest therein or of any franchise related thereto and any option, subscription, or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether spoken or written. A gift or delivery of any motorcycle or franchise with respect thereto, with or as a bonus on account of the sale of anything, is a sale of such motorcycle or franchise.