37-5-12.2. Merchandise defined.
For the purposes of §§37-5-1 to 37-5-12, inclusive, the term, merchandise, means:
(1)Automobiles, trucks, motorcycles, motor homes or travel trailers of the type and kind required to be titled and registered pursuant to chapters 32-3 and 32-5, and accessories;
(2)Farm tractors, farm implements, farm machinery, and attachments;
(3)Industrial and construction equipment and attachments;
(4)Boats and personal watercraft;
(5)Snowmobiles and all-terrain vehicles, including multipurpose utility vehicles, side by sides, and similar type vehicles whether powered by electricity or by combustion engine;
(6)Office furniture, equipment, supplies, and attachments;
(7)Outdoor power equipment and attachments;
(8)A temperature control unit; and
(9)An auxiliary idle reduction and temperature management system or auxiliary power unit.
For the purposes of this section, the term, temperature control unit, means a piece of equipment that is mounted on a titled vehicle (trailer, rail car, or container) for the temperature management of temperature sensitive cargo.
For the purposes of this section, the term, auxiliary idle reduction and temperature management system, means a piece of equipment that is mounted on a titled vehicle, usually a semi-tractor, to enable the driver to turn off the engine yet have access to air conditioning, heat, and electric power inside the vehicle's cab.
Source: SL 2004, ch 254, §2; SL 2008, ch 202, §2; SL 2010, ch 156, §21, eff. Mar. 9, 2010.
Structure South Dakota Codified Laws
Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment
Section 37-5-1 - Coercion of dealer to force unwanted purchases as misdemeanor.
Section 37-5-2 - Coercion of dealer to control sales or force expenditures as misdemeanor.
Section 37-5-3 - Unfair cancellation of dealer franchise as misdemeanor.
Section 37-5-4 - Civil liability for damages from violation.
Section 37-5-7 - Determination of prices to be paid to dealer on cancellation of contract.
Section 37-5-7.1 - Time for payment of costs and charges to dealer--Final statement of account.
Section 37-5-10 - Current unused complete farm implements, machinery or attachments defined.
Section 37-5-12 - Waiver of law void.
Section 37-5-12.1 - Dealer defined.
Section 37-5-12.2 - Merchandise defined.
Section 37-5-12.3 - Contract defined.
Section 37-5-13 - Definition of terms used in §§ 37-5-13 to 37-5-15.