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U.S. Code as of:
01/19/04
Section 1221. Definitions
As used in this chapter -
(a) The term "automobile manufacturer" shall mean any person,
partnership, corporation, association, or other form of business
enterprise engaged in the manufacturing or assembling of passenger
cars, trucks, or station wagons, including any person, partnership,
or corporation which acts for and is under the control of such
manufacturer or assembler in connection with the distribution of
said automotive vehicles.
(b) The term "franchise" shall mean the written agreement or
contract between any automobile manufacturer engaged in commerce
and any automobile dealer which purports to fix the legal rights
and liabilities of the parties to such agreement or contract.
(c) The term "automobile dealer" shall mean any person,
partnership, corporation, association, or other form of business
enterprise resident in the United States or in any Territory
thereof or in the District of Columbia operating under the terms of
a franchise and engaged in the sale or distribution of passenger
cars, trucks, or station wagons.
(d) The term "commerce" shall mean commerce among the several
States of the United States or with foreign nations, or in any
Territory of the United States or in the District of Columbia, or
among the Territories or between any Territory and any State or
foreign nation, or between the District of Columbia and any State
or Territory or foreign nation.
(e) The term "good faith" shall mean the duty of each party to
any franchise, and all officers, employees, or agents thereof to
act in a fair and equitable manner toward each other so as to
guarantee the one party freedom from coercion, intimidation, or
threats of coercion or intimidation from the other party: Provided,
That recommendation, endorsement, exposition, persuasion, urging or
argument shall not be deemed to constitute a lack of good faith.
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