North Dakota Century Code Title 51. Sales and Exchanges § 51-10-01. Definitions

1. “Cost” means the actual invoice cost of the merchandise or the replacement cost of the merchandise, whichever is the lower, less all trade discounts, advertising allowances, including customary discounts for cash, to which must be added transportation, including cartage cost, not otherwise included in the invoice cost or the replacement cost of the merchandise. If a manufacturer publishes a list price, proof of such list price, less all discounts, is prima facie evidence of “cost”.

2. “Replacement cost” means the cost per unit at which the merchandise sold or offered for sale could have been bought by the seller at any time prior to the date of sale or the date upon which it is offered for sale by the seller.

3. “Retailers” means and includes every person, partnership, corporation, limited liability company, or association engaged in the business of making sales at retail within this state. In the case of a person, partnership, corporation, limited liability company, or association engaged in the business of making sales at retail and sales at wholesale, such term must be applied only to the retail portion of such business.

4. “Sell at retail”, “sales at retail”, and “retail sale” 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, except that sales to contractors or subcontractors engaged in any type of building operation or the repair of buildings or other improvements upon real estate must be deemed sales for consumption and not for further processing or manufacturing. The terms include any transfer of such property when title is retained by the seller as security for the payment of the purchase price.

5. “Sell at wholesale”, “sales at wholesale”, and “wholesale sales” 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, except that sales to contractors engaged in any type of building operation or the repair of buildings or other improvements upon real estate, regardless of further processing or manufacturing of the material sold, must be deemed retail sales and not wholesale sales. The terms include any transfer of such property when title is retained by the seller as security for the payment of the purchase price.

6. “Wholesaler” means and includes every person, partnership, corporation, limited liability company, or association engaged in the business of making sales at wholesale within this state. In the case of a person, partnership, corporation, limited liability company, or association engaged in the business of making both sales at wholesale and sales at retail, such terms must be applied only to the wholesale portion of such business.