It is nice that you can agree with yourself because you are the only one who sees it that way. You continue to demonstrate your ignorance about the law, state regulations, and how business does business by posting extraneous information about how states regulate motor vehicles when the subject is the sale of water softeners.
No the subject is not the sale of softeners or regulation of motor vehicles.
It is about whether an OEM/Distributor wholesale business also sells those same products at retail to end user/consumer customers. The business could be selling any legal products, not just softeners or their component parts.
The physical location of the business may preclude retail sales, especially if the business originally structured itself as a non retail business. Or the building/location could be in a local government regulated nonretail area or not permitted for retail sales. Or that the business does not have a state retail sales license. It's that simple Bob.
I realize you probably aren't able to comprehend the above comments but I wanted to post them for those who can. It is unfortunate that it is not possible to have a reasonable discussion with you but you are so certain that what ever you think or believe is the righteous truth that you simply can't see that you are frequently wrong, misinformed, or simply don't understand things.
There you are again with the personal put down Bob. How about you Report that.
The current demonstration of your condition is the Clack action in telling its OEM/Distributors to stop sales to internet sellers (like you) who did not meet certain conditions. This was done pursuant to the "Control Valve Agreement" according to the Clack memo you posted. The "Control Valve Agreement" is a matter between Clack and it's OEM/Distributors.
It is not the result of or pursuant to any state or federal law or regulation.
I certainly didn't say it was but talk about extraneous information; what does Clack have to do with the subject? You say you have seen the Clack communications, yet you still don't understand that they stopped
ALL internet sales/dealers, not some of the internet sales/dealers,
all of them Bob, every one of us but...
You will probably call this extraneous info too but for others reading this, the local, state and federal governments categorize all businesses and they also regulate all businesses. All businesses when founded must come up with a category code number and report it to local, state and federal government agencies/departments, such as IIRC the state Department of Revenue and the federal IRS; possibly the FTC also. In a quick search for business codes I found this for some retailers from
http://www.naicscode.com/Search/MoreNAICSDetail.asp?N=4543
4543 Direct Selling Establishments - 2007 NAICS Code
Description See Also
Description
This industry group comprises establishments primarily engaged in nonstore retailing (except electronic, mail-order, or vending machine sales). These establishments typically go to the customers' location rather than the customer coming to them (e.g., door-to-door sales, home parties). Examples of establishments in this industry are home delivery newspaper routes; home delivery of heating oil, liquefied petroleum (LP) gas, and other fuels; locker meat provisioners; frozen food and freezer plan providers; coffee-break services providers; and bottled water or
water softener services.
See Also
Parent Sectors of 4543:
45 - Retail Trade
454 - Nonstore Retailers
Sub-Sectors of 4543:
45431 - Fuel Dealers
45439 - Other Direct Selling Establishments
This is some wholesalers from
http://www.naicscode.com/Search/MoreNAICSDetail.asp?N=425110#AlsoCalled
Description of some retailers.
The buying of goods for resale is a characteristic of retail trade establishments that particularly distinguishes them from establishments in the agriculture, manufacturing, and construction industries. For example, farms that sell their products at or from the point of production are not classified in retail, but rather in agriculture. Similarly, establishments that both manufacture and sell their products to the general public are not classified in retail, but rather in manufacturing. However, establishments that engage in processing activities incidental to retailing are classified in retail. This includes establishments, such as optical goods stores that do in-store grinding of lenses, and meat and seafood markets.
More descriptions of wholesalers from
http://www.naicscode.com/Search/MoreNAICSDetail.asp?N=42.
The Sector as a Whole
The Wholesale Trade sector comprises establishments engaged in wholesaling merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. The merchandise described in this sector includes the outputs of agriculture, mining, manufacturing, and certain information industries, such as publishing.
The wholesaling process is an intermediate step in the distribution of merchandise. Wholesalers are organized to sell or arrange the purchase or sale of (a) goods for resale (i.e., goods sold to other wholesalers or retailers), (b) capital or durable nonconsumer goods, and (c) raw and intermediate materials and supplies used in production.
Wholesalers sell merchandise to other businesses and normally operate from a warehouse or office. These warehouses and offices are characterized by having little or no display of merchandise. In addition,
neither the design nor the location of the premises is intended to solicit walk-in traffic. Wholesalers do not normally use advertising directed to the general public. Customers are generally reached initially via telephone, in-person marketing, or by specialized advertising that may include Internet and other electronic means. Follow-up orders are either vendor-initiated or client-initiated, generally based on previous sales, and typically exhibit strong ties between sellers and buyers. In fact, transactions are often conducted between wholesalers and clients that have long-standing business relationships.
This sector comprises two main types of wholesalers: merchant wholesalers that sell goods on their own account and business to business electronic markets, agents, and brokers that arrange sales and purchases for others generally for a commission or fee.
- Establishments that sell goods on their own account are known as wholesale merchants, distributors, jobbers, drop shippers, and import/export merchants. Also included as wholesale merchants are sales offices and sales branches (but not retail stores) maintained by manufacturing, refining, or mining enterprises apart from their plants or mines for the purpose of marketing their products. Merchant wholesale establishments typically maintain their own warehouse, where they receive and handle goods for their customers. Goods are generally sold without transformation, but may include integral functions, such as sorting, packaging, labeling, and other marketing services.
- Establishments arranging for the purchase or sale of goods owned by others or purchasing goods, generally on a commission basis are known as business to business electronic markets, agents and brokers, commission merchants, import/export agents and brokers, auction companies, and manufacturers' representatives. These establishments operate from offices and generally do not own or handle the goods they sell.
Some wholesale establishments may be connected with a single manufacturer and promote and sell the particular manufacturers' products to a wide range of other wholesalers or retailers. Other wholesalers may be connected to a retail chain, or limited number of retail chains, and only provide a variety of products needed by that particular retail operation(s). These wholesalers may obtain the products from a wide range of manufacturers. Still other wholesalers may not take title to the goods, but act as agents and brokers for a commission.
Although, in general, wholesaling normally denotes sales in large volumes, durable nonconsumer goods may be sold in single units. Sales of capital or durable nonconsumer goods used in the production of goods and services, such as farm machinery, medium and heavy duty trucks, and industrial machinery, are always included in wholesale trade.