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§15-598.2.
§15-598.2.
(a) When used in this act, the term "cost to the retailer" shall mean
the invoice cost of the merchandise to the retailer or the replacement
cost of the merchandise to the retailer, whichever is the lower; less
all trade discounts except customary discounts for cash; to which
shall be added (1) freight charges not otherwise included in the
invoice cost or the replacement cost of the merchandise as herein set
forth, and (2) cartage to the retail outlet if done or paid for the
retailer, which cartage cost, in the absence of proof of a lesser
cost, shall be deemed to be three-fourths of one percent (3/4 of 1%)
of the cost to the retailer as herein defined after adding thereto
freight charges but before adding thereto cartage, and taxes, (3) all
State and Federal taxes not heretofore added to the cost as such, and
(4) a markup to cover a proportionate part of the cost of doing
business, which markup, in the absence of proof of a lesser cost,
shall be six percent (6%) of the cost of the retailer as herein set
forth after adding thereto freight charges and cartage but before
adding thereto a markup.
(b) When used in this act, the term "cost to the wholesaler" shall
mean the invoice cost of the merchandise to the wholesaler, or the
replacement cost of the merchandise to the wholesaler, whichever is
the lower; less all trade discounts except customary discounts for
cash; to which shall be added, (1) freight charges, not otherwise
included in the invoice cost or the replacement cost of the
merchandise as herein set forth, and (2) cartage to the retail outlet
if done or paid for by the wholesaler, which cartage cost, in the
absence of proof of a lesser cost, shall be deemed to be three-fourths
of one percent (3/4 of 1%) of the cost to the wholesaler as herein set
forth after adding thereto freight charges but before adding thereto
cartage, and taxes, and (3) all State and Federal taxes not heretofore
added to the cost as such.
(c) When used in this act the term "replacement costs" shall mean the
cost per unit at which the merchandise sold or offered for sale could
have been bought by the seller at any time within thirty (30) days
prior to the date of sale or the date upon which it is offered for
sale by the seller if bought in the same quantity or quantities as the
seller's last purchase of said merchandise.
(d) When one or more items are advertised, offered for sale, or sold
with one or more other items at a combined price, or are advertised,
offered as a gift, or given with the sale of one or more other items,
each and all of said items shall for the purposes of this act be
deemed to be advertised, offered for sale, or sold, and the price of
each item named shall be governed by the provisions of paragraphs (a)
or (b) of Section 2, respectively.
(e) The terms "sell at retail", "sales at retail", and "retail sale"
shall mean and include any transfer for a valuable consideration made
in the ordinary course of trade or in the usual prosecution of the
seller's business of title to tangible personal property to the
purchaser for consumption or use other than resale or further
processing or manufacturing. The above terms shall include any
transfer of such property where title is retained by the seller as
security for the payment of the purchase price.
(f) The terms "sell at wholesale", "sales at wholesale", and
"wholesale sales" shall mean and include any transfer for a valuable
consideration made in the ordinary course of trade or the usual
conduct of the seller's business, of title to tangible personal
property to the purchaser for purposes of resale or further processing
or manufacturing. The above terms shall include any transfer of such
property where title is retained by the seller as security for the
payment of the purchase price.
(g) The term "retailer" shall mean and include every person,
partnership, corporation or association engaged in the business of
making sales at retail within this state; provided that, in the case
of a person, partnership, corporation or association engaged in the
business of making both sales at retail and sales at wholesale, such
term shall be applied only to the retail portion of such business.
(h) The term "wholesaler" shall mean and include every person,
partnership, corporation, or association engaged in the business of
making sales at wholesale within this state; provided that, in the
case of a person, partnership, corporation or association engaged in
the business of making both sales at wholesale and sales at retail,
such term shall be applied only to the wholesale portion of such
business.
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