CPSC OGC Advisory Opinion No. 293

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CPSC Office of General Counsel Advisory Opinions › CPSC OGC Advisory Opinion No. 293

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U.S.

PROOUCT SAFETY COMl\njSSlON

-._,-_- ,-

1982

H-

‘.

.i _.--.

Rill,

RiIl &

Ri.11:

responsea

Sarld

o'f

consumef

4 2052(a)(IL).

ab,le

l.982,

Sarlo's

-other nowers

C O N S U M E R

W A S H I N G T O N , 0 .

2 0 2 0 7

SEP 3

OFFICE OF THE

GENERAL COUNSEL

James F.

Esquire

Collier, Shannon,

Scott

Attorneys-at-Law

1055 Thomas Jefferson Street, N.W.

Washington, D.C.

20007

Dear Mr.

This is in

to your letter of August 27, 1982,

concerning the request of

Power Mowers, Inc., ("Sarlo")

. for an advisory opinion regarding the status

their

highwheel power lawn mowers as

products, as defined

in 15 U.S.C.

In an earlier exchange of

correspondence, we advised you that the information avail-

to us as of August 18,

was insufficient to

determine whether these mowers were consumer products.

In your more recent letter, you explain that Sarlo does

not believe that it would be able to obtain sufficient

information to establish that its mowers are not used more

than occasionally

consumers.

Accordingly, you ask for an

proposed marketing system operates as

intended, no mowers of that model designation would be sold

to or used by consumers, and mowers of that model would not

be consumer products.

Thus, such mowers would not have to

comply with the safety standard for walk-behind power lawn

mowers.

Of course, if Sarlo manufactures

that

would be used more than occasionally by consumers, those

other mowers must comply with the standard.

tes as

intended, no mowers of that model designation would be sold

to or used by consumers, and mowers of that model would not

be consumer products.

Thus, such mowers would not have to

comply with the safety standard for walk-behind power lawn

mowers.

Of course, if Sarlo manufactures

that

would be used more than occasionally by consumers, those

other mowers must comply with the standard.

sufficient-

info-t

ccasional

While

Please

?Iartin

Katz

-_-----s

.--1-m

becomes available. --

would also suggest that Sarlo include

checks in i ts marketing syst

to ensure that the system

operates as intended, since our determination could change

ion showing more than o

use by consumers

the views expressed in this letter are based

upon the most current interpretation of the law by this

office, they could subsequently be changed or superseded

by the Commission.

do not hesitate to contact

if you have further questions regarding these matters.

Sincerely,

Howard

General Counsel

& SCOII

Pdorneys-al-Law

1055

Streei,N.VL

Cotlier

David

Hmt uist

RiChmd E.

wad2

p7ilz

Time

27-Howard

0. CuUen

Kathieen E. .McDermott

,Michael

Shemmn

Compmn

Stewm Sch-

Ma-k LAusrrian

-.-

Walter

Wiuian

William

Apple+

01 Counsel

Tekphonc:

342-8400

‘%&r’s

342-8430

August

Gddtrank

la A. .Vebergall

8. W~llmms

Rosenthat

J&r7 W.

J&e .?4. Saulnier

Thomas

Handton

Jeffrm

Leaer

Alan %.

RdbeR

.Meuser

Danret

Retch

Harr.

Keishow

Davwl L.

Michele

Guslana

Dawd

Hacken

Judith

Otdham

Kartin

5401 Westbard

202017

;

!4owers,

.the

oroducts.

Sarlo's

-of

the-

I-,

trans-

Collier, Shannon, Rill

Thomas Jefferson

Robert A.

Washington, D. C. 20007

Joan L.

(202)

Paul C.

ohn

King

Direct Did Number

Richard s.

J&e .?4. Saulnier

Thomas

Handton

Jeffrm

Leaer

Alan %.

RdbeR

.Meuser

Danret

Retch

Harr.

Keishow

Davwl L.

Michele

Guslana

Dawd

Hacken

Judith

Otdham

Kartin

5401 Westbard

202017

;

!4owers,

.the

oroducts.

Sarlo's

-of

the-

I-,

trans-

Collier, Shannon, Rill

Thomas Jefferson

Robert A.

Washington, D. C. 20007

Joan L.

(202)

Paul C.

ohn

King

Direct Did Number

Richard s.

(202)

Dunn

Paut

Scott

Sterling

R. Sarah

Thomas A.

Jr.

27, 1982

Michael R.

Dick

Plowers

P. Pox, Jr.

Katz, Esquire

General Counsel

Consumer Product Safety Commission

Avenue

Bethesda., Maryland

Dear Mr. Katz:

Sarlo Power

Inc.., was extremely disappointed with

your response to their July 21, 19 a2 request for an advisory

opinion regarding

commercial status of their highwheel

Sarlo believes that both its-product and its sales

distribution patterns are identical to those of its

competitors who have received opinions that their products are

commercial mowers and are, therefore, excluded from the Safety

Standard for Walk-Behind Mowers.

request included very specific information, pain

stakingly assembled, as to the disposition of at least-

its products. Yet, you have concluded that the amount

information submitted is insufficient because Sarlo

presented no records with respect to

its sales,

representing single-unit transactions, and failed to identify

or precisely quantify the retail purchases from

as well as the nature and level of rental

actions.

Sarlo has concluded that it' is not possible to obtain

precise information in each of these areas sufficient to

satisfy your request with respect to purchasers' identities or

precise percentages of consumer versus commercial users. An

exhaustive search in this regard would consume valuable time

and money

and is

unlikely to yield sufficient additional information

and level of rental

actions.

Sarlo has concluded that it' is not possible to obtain

precise information in each of these areas sufficient to

satisfy your request with respect to purchasers' identities or

precise percentages of consumer versus commercial users. An

exhaustive search in this regard would consume valuable time

and money

and is

unlikely to yield sufficient additional information.

At the

same time, it would be extremely unfair to Sarlo if, as a result

of the Commission's decision, it were forced to relinquish its

share of the commercial highwheel market to its competitors who

have received favorable opinions and are able to supply non

complying units as requested by commercial establishments and

Zartin

Collier, Shannon,RiU

" l-V

docment

such

fi:

consideratj

pro-

;?osal

highwheel

matter'k

. --

At,korney

Makers,

Scott

Katz, Esquire

August 27, 1982

Page Two

governmental entities.

The production of specially designated non

complying machines,

should satisfy your requirement that

Sarlo "control or

its channels of distribution in such

a way as to assure that the mowers in question'are not sold to

or used by consumers more than occasionally." No orders for

units would be

Sarlo requests your immediate

ion of this

so that

may continue to compete in this limited segment

of the

market. Please contact us if we can provide

additional information to expedite this

any way.

Sincerely;

for Sarlo Power

Inc.

JFR/eam

n in such

a way as to assure that the mowers in question'are not sold to

or used by consumers more than occasionally." No orders for

units would be

Sarlo requests your immediate

ion of this

so that

may continue to compete in this limited segment

of the

market. Please contact us if we can provide

additional information to expedite this

any way.

Sincerely;

for Sarlo Power

Inc.

JFR/eam

U.S. CONSUMER FWOOUCT

COMMISSION

WAS+HNGTON,

.\a

AU6

1982

-1,

F.,Rill,

Rill

LO55

2000.7

OFFlCE

Rill:

custom.arily

'\ me

&;;:;ne

a.product

okasionally.

review

available

partiouiar

S A F E T Y

0 . C . 2 0 2 0 7

OF THE

GENERAL COUNSEL

James

Esq.

Collier, Shannon,

6: Scott

Attorneys-at-Law

Thomas Jefferson Street, N. W.

Washington, D. C.

Dear Mr.

This letter responds to your letter of July 21, 1982

in which you request a determination

whether certain models

of high-wheel lawn mowers manufactured by Sarlo Power Mowers,

Inc. ("Sarlo") are consumer products and thus subject to the

Safety Standard for Walk-Behind Power Lawn Mowers, 16 CFR

Part 1205.

The data you have submitted are insufficient to

determine whether these mowers are consumer products.

As you know, the tera "consumer product" is defined in

15 U.S.C.

2052(a)(l), and the term does not include "any

article which is not

produced or distributed for

sale to, or use or consumption by, or enjoyment of, a consumer."

legislative history of this section indicates that products

that are not used more than occasionally by consumers are not

consumer products.

H.R. Rep. No. 1153, 92d Cong., 2d. Sess. 27

a "consumer product" is defined in

15 U.S.C.

2052(a)(l), and the term does not include "any

article which is not

produced or distributed for

sale to, or use or consumption by, or enjoyment of, a consumer."

legislative history of this section indicates that products

that are not used more than occasionally by consumers are not

consumer products.

H.R. Rep. No. 1153, 92d Cong., 2d. Sess. 27

(1972).

In general, we have established no specific criteria to

whether consumers use

more than

all

Information relevant to a

determination.

Rill,

the'41

1-1

lawzi

-of

menttone'd

reflec:ted

ha2

purchase

dis-

CszL- ti

K'atz

-b

James F.

Esq.

Page 2

Although much of the information you have submitted-concern

ing these Sarlo mowers would tend to show their suitability for

commercial use, the possibility remains that these mowers are

sold to, or used by, consumers more than occasionally.

For

example,

which markets

the mowers in the sampling of accounts on page four of your

letter, states that it sells these mowers "primarily" to

businesses and to individuals who use the mowers in their

and garden businesses. This obviously leaves open the possibi

lity that there could be a significant degree of consumer use

of these mowers.

In addition, the approximately

Sarlo's production

that is not included in the sample

above consists

largely of single-unit transactions.

Sales to consumers may be

more likely to be

in such transactions than in the bulk

transactions described in the chart on page four.

Furthermore, the chart in your letter indicates that a

number of these mowers are sold to rental outlets.

The extent

to which these rental mowers may be used by consumers

not

been established.

We note that there is an indication in your letter that

there may be a consumer demand for these mowkrs

to be

in such transactions than in the bulk

transactions described in the chart on page four.

Furthermore, the chart in your letter indicates that a

number of these mowers are sold to rental outlets.

The extent

to which these rental mowers may be used by consumers

not

been established.

We note that there is an indication in your letter that

there may be a consumer demand for these mowkrs.

It is not

clear how the price, weight, or other features of the complying

mower that is to be produced would motivate these consumers to

the complying version rather than the commercial version.

Generally, the manufacturer of a product should be in the

best position to determine the use and distribution patterns of

the product.

We recommend that manufacturers consider their

products to be consumer products unless the available information

clearly establishes that this is not the case.

If Sarlo is able to control or document its channels of

tribution in such a way as to assure that the mowers in question

are not sold to or used by consumers more than occasionally, the

mowers would not be consumer products.

However, we believe that

the information available at this time is insufficient to make

such a determination. .

Sincerely,

Martin Howard

General Counsel

_._...”

’

UNITED

Memorandum

COMMl&lCf’-!

-TE.

SuedECT

Oldham,

Rill,

oue of

Oldham

,-.

Oldhak

wo<ld

Oldham

Leo

___._ --_--. a.-.--.

--.I-

1- -A - .-we

..m

a.. -.m .ti

UOI

_. .I--.. .-

,A-

.-.

----I__-

._._

-_.

..-.

-__

U . S . C O N S U M E R P R O O U C T

STATES GOVERNMENT

S A F E T Y

August 18, 1982

THE FILE

Susan Birenbaum, Special Assistant to the General Counsel

Telephone Conversation Between Judith

Collier,

Shannon and

and Susan Birenbaum

Re:

Sarlo Mowers

Jim Rill is

town and will be back tomorrow

morning.

I spoke to Judith

and read her the letter on

Sarlo mowers and said it would be sent out tomorrow

morning

R O O U C T

STATES GOVERNMENT

S A F E T Y

August 18, 1982

THE FILE

Susan Birenbaum, Special Assistant to the General Counsel

Telephone Conversation Between Judith

Collier,

Shannon and

and Susan Birenbaum

Re:

Sarlo Mowers

Jim Rill is

town and will be back tomorrow

morning.

I spoke to Judith

and read her the letter on

Sarlo mowers and said it would be sent out tomorrow

morning.

Judith

said Sarlo would submit further informa

tion and wanted fast determination

I told Ms.

we would do all we could to

expedite but that the type of information submitted would

influence the amount of time it

take to analyze.

Ms.

stated that Yazoo wanted us to reconsider.

I'told her to have them write us a letter.

.--.. --I--‘-* u.--.

•••••

••

•

•••••

••

•••

••

•••••

••

••••••

•• •••

••

••••••

••••

••

••••

•••

••

UNITE0

GOVERNMEN

PROOUCT

Memorandum

Carl W. Blechschrnidt,

QA-:

Walter

AED,

FFloM

Gregory 8.

(+<

Il.! /

6,4’bU

Sari0

Inc.

requested

July

1982:concerning

three

three.

small

high-wheeis

modeis

mir

1981

inconsistant

accomodate

Sat10

rirower

•

••

letter of

21,

S T A T E S

U.S. CONSUMER

SAFETY COMMISSION

WASHINGTON, 0. C. 20207

EX-P

August 9, 1982

THROUGH:

R. Hobby,

Economics

Rodgers, ECCP

Commercial Exemption to the Mower Standard for

Power Mowers, Inc.

Power Mowers,

has

that its line of commercial mowers

be exempted from the mower standard. There is some confusion in their attorney’s

which models are actually induded in the request

(compare pages one and three of that letter), but we believe the more inclusive list

on page

is accurate. Our comments will therefore pertain to the mowers

specified on page

Sarlo produces a relatively

volume of commercial mowers. They are

intended for heavy duty use and are built with

for use on rugged

terrain. The width of cut of these

range from 20 inches to 26 inches, and

the engines range from 4 to 8 horsepower

that letter), but we believe the more inclusive list

on page

is accurate. Our comments will therefore pertain to the mowers

specified on page

Sarlo produces a relatively

volume of commercial mowers. They are

intended for heavy duty use and are built with

for use on rugged

terrain. The width of cut of these

range from 20 inches to 26 inches, and

the engines range from 4 to 8 horsepower.

weight varies from 88 to 164

pounds, and their suggested

list price ranges from almost $400 to over $900.

It should be noted that the weight and price of some of the smaller models

are not

with the price and weight of mowers in the upper end of the

consumer market.

occasional consumer purchases of its high-wheeled mowers

intends to manufacture a 21 inch, 4 horsepower mower that does comply with

the

standard. Sarlo also intends to instruct its dealers and distributors that,

with the exception of the complying consumer model, the Sarlo mowers are not

intended for consumer use and should be sold to commercial users.

Shannon,Rill &

of Commercial Equipment

21-26”.

handile

16-20”

___^.

_____---.l

Scott

Collier,

Page Two

products covered by tbe Act would impose a substantial com

pliance burden on Sarlo without reducing any actual risk of

injury to consumers.

Sarlo’s High-Wheel Mowers Possess the Physical Charac

t e r i s t i c s

Sarlo’s line of commercial quality high-wheel mowers

includes 4-8 HP hand-push and self-propelled mowers with cut

ting widths of

Sarlo’s mowers are similar in every

respect to other high-wheel mowers which the Commission has

recently classified as commercial.

The high-wheel mowers are

designed with heavy-duty features and durable materials suit=

able for the long-term, continuous and rough use they receive

during commercial applications. For example, the extra-heavy

gauge steel stamped deck is welded to a tough angle iron frame

for maximum strength and long life

to other high-wheel mowers which the Commission has

recently classified as commercial.

The high-wheel mowers are

designed with heavy-duty features and durable materials suit=

able for the long-term, continuous and rough use they receive

during commercial applications. For example, the extra-heavy

gauge steel stamped deck is welded to a tough angle iron frame

for maximum strength and long life. The Sarlo hub and spindle

components are designed to withstand severe stress; the sepa

rate belt-driven spindle minimizes shock and abuse of the

engine components during commercial applications.

S i m i l a r l y , .

the plowshear-type

and

diameter pneumatic rear

tires are designed for use on rough terrain and tall grasses.

Most of Sar

Briggs

Stratton

Because of the commercial quality materials and features

used in Sarlo’s high-wheel mowers, these mowers also cost more

than the typical mower sold for consumer use. As the following

price list suggests, the typical consumer is not likely to

purchase a commercial quality high-wheel mower for home ap

plications:

Shannon,RiU &

Page Three

Model.

21”

Wheels

Semi-Pneu

Tires

r/. 416SP

21"

Wheels 1/d/

420%

Pneumatic Tires

V4B2

21”

V4B3

20” Whee1s

,.,, v5B2

Semi-Pneu Tires

V5B3

Cut

db524

Wheels

Pneumatic Tires

J ‘524S1?

Wheels “ -’

Pneumatic Tires

Based on the physical

characteristics

and increased

cos t of

the high-wheel

mowers,

they

should

not

be regarded

consumer

products within the coverage of the Consumer Product Safety Act.

Description

1981 List

Ptire

Push,

4 h.p.

Briggs

Self Propelled

4 h.p. Briggs

Self Propelled

4 h.p. Briggs

Push,

4 h.p.

Briggs

Push,

4 h.p.

Briggs

Push,

h.p. Briggs

Push,

h.p. Briggs

Push,

h.p

’

Pneumatic Tires

Based on the physical

characteristics

and increased

cos t of

the high-wheel

mowers,

they

should

not

be regarded

consumer

products within the coverage of the Consumer Product Safety Act.

Description

1981 List

Ptire

Push,

4 h.p.

Briggs

Self Propelled

4 h.p. Briggs

Self Propelled

4 h.p. Briggs

Push,

4 h.p.

Briggs

Push,

4 h.p.

Briggs

Push,

h.p. Briggs

Push,

h.p. Briggs

Push,

h.p. Briggs

Self Prop_elled,

h.p.

Briggs

Self Propelled,

8 h.p.

Briggs

Synchro

Balanced

Sarlo’s

High-Wheel

Mowers

Are

Marketed

Primarily

Com-

mercial

and Agricultural

Users

Sarlo’s high-wheel mowers are not marketed

an article

commerce

for

sale

the

typical

consumer.

indicated

numerous letters submitted by Sarlo’s distributors and dealers,,

Sarlo’s marketing and promotional activity is directed exclusive-

ly toward commercial and agricultural users. Sarlo advertises its

high-wheel

mowers

only

publications

intended to reach

mercial

and agricultural users.

Moreover,

while Sarlo does not

have reliable information on the ultimate disposition of all of its

These letters are attached

as Appendixg.

Collier,

Scott

S u g g e s t e d

cut

416

16"

cut

2 0 ”

cut

24"

20"

26" cut

20"

800A

c o m -

commercial

full

all

aiso

that_.

Several

Sarlo’s deaiers

alf

indicdtes

Sarlo advertises its mowers exclusively in publications intended for

and agricultural users.

It does not have

information on the

ultimate purchasers of

of its mowers, but did piece together information on

about two thirds of its 19804981 sales. That information suggests that the high

proportion of its mowers are in fact purchased by commercial users. Mr. Sarlo

believes that the remaining one third of 19804981 sales would be very similar

the sales

were accounted for.

letters from

and

distributors were enclosed with the exemption request to attest to the commercial

nature of the Sarlo mowers

about two thirds of its 19804981 sales. That information suggests that the high

proportion of its mowers are in fact purchased by commercial users. Mr. Sarlo

believes that the remaining one third of 19804981 sales would be very similar

the sales

were accounted for.

letters from

and

distributors were enclosed with the exemption request to attest to the commercial

nature of the Sarlo mowers.

Because of the physical and price characteristics mentioned, the arguments

for the exemption of several

the mower models are somewhat weaker than in

previous exemption requests. However, the manufacturer has provided information

which

that the Sarlo mowers are intended for commercial use and that

the great majority. are sold to commercial users. It is therefore our opinion that

the specified Sarlo mowers are not normally used by consumers and should be

exempted from the mower standard.

UNITED

Memorandum

PROOUC’T

COMMISSIQi’.

OPI!+I

Lemiberg,

- :Harleigh

OGC#f

sueJEcT:Bequest

Inc.,

Their

r’

4 3

U . S . C O N S U M E R

STATES G O V E R N M E N T

S A F E T Y

Carl Blechschmidt,

T O

Through: Martin Howard Katz, General

Stephen

Assistant

Ewell,

AU6 1982

of Sarlo Power Mowers,

for a Jurisdictional

Determination for

High-Wheel Mowers

Attached is a copy of a request on behalf of Sarlo Power

Mowers, Inc. for a determination that their high-wheel mowers

are not consumer products and therefore not subject to the

power mower standard.

Please obtain any comments that the

staff might have concerning the use and distribution patterns

for these mowers.

arlo Power Mowers,

for a Jurisdictional

Determination for

High-Wheel Mowers

Attached is a copy of a request on behalf of Sarlo Power

Mowers, Inc. for a determination that their high-wheel mowers

are not consumer products and therefore not subject to the

power mower standard.

Please obtain any comments that the

staff might have concerning the use and distribution patterns

for these mowers.

Collier, Shannon, Rill & Scott

AUomeys-a-Law

1055

Skeet, N. W.

W’ashinglon, D. C. 20007

(202) 342-6400

Wrirerb Direct

?Gmber

(202)

342-8445

July

Esq.

Commission

5401 Westbard

Bethesda,

202b7’

Dear

Mr. Katz:

This letter is a request on behalf of Sarlo Power Mowers-’

Inc. (“Satlo”) for an interpretation, pursuant

10007, of the Consumer Product Safety Act as it applies to the

Commission’s

Safety

Standard

for

Walk-Behind

Power

Lawn

Mowers,

requests

16 C.F.R. Part 1205 (“Standard”).

Specifically,

Sarlo

a determination

that certain of its high-wheel

lawn

mowers are “commercial” rather than “consumer” products and are

not,

therefore,

covered by the Consumer Product Safety Act, 15

U.S.C.

2501,

seq,,

‘_

manufactures a line of high-wheel walk-behind lawn-

mowers designed to

the needs of commercial users in rural

and agricultural areas; of the United States.

Located in Fort

Meyers, Florida, Sarlo is the oldest family-owned rotary

manufacturer

the United

States,

and

the first to sell

the

high-wheel

mower.

Today Sarlo produces

approximately -

high-wheel

mowers annually

.S.C.

2501,

seq,,

‘_

manufactures a line of high-wheel walk-behind lawn-

mowers designed to

the needs of commercial users in rural

and agricultural areas; of the United States.

Located in Fort

Meyers, Florida, Sarlo is the oldest family-owned rotary

manufacturer

the United

States,

and

the first to sell

the

high-wheel

mower.

Today Sarlo produces

approximately -

high-wheel

mowers annually

The

mowers for

which

Sarlo reTi:

quests an interpretation

are identified as 416 and 416SP (21”-

cut,

4 HP),

4200SP

(21”.cut,

4 HP),

V5B2 (21”-cut,

5 HP),

524

and 524-SP (24”.cut,

5 HP), and 800A (26”-cut,

8 HP). Descrip-J

tions of these commercial mowers and their specifications are

contained in Appendix

A, attached.

order to accomodate the

may wish to purchase a high-wheel mower

for home use, Sarlo will also manufacture a 21”.cut, 4 HP

with a deadman control that complies with the new

standard.

Sarlo’s high-wheel mowers do not satisfy any

express exclusionary criteria set forth at 16

1205.1(c),

their physical characteristics,

marketing system,

and actual sales patterns indicate that they are not consumer

.products within the terms or objectives

Safety

or the Standard.

I”ll-l--o---.

Thomas Jefferson

Telephone:

Dial

21, 1982

Martin Katz,

General Counsel

Consumer Product Safety

Avenue

M a r y l a n d

t o

C . F . R .

S a r l o

m e e t

m o w e r

I n

occasional consumer who

m o w e r

C P S C

A l t h o u g h

o f

t h e

C . F . R .

of the Consumer Product

A c t

To construe them to be consumer

objectives

Safety

or the Standard.

I”ll-l--o---.

Thomas Jefferson

Telephone:

Dial

21, 1982

Martin Katz,

General Counsel

Consumer Product Safety

Avenue

M a r y l a n d

t o

C . F . R .

S a r l o

m e e t

m o w e r

I n

occasional consumer who

m o w e r

C P S C

A l t h o u g h

o f

t h e

C . F . R .

of the Consumer Product

A c t

To construe them to be consumer

Collier, Shannon, Rill & SC211

?sge Four

PresicMt, Xr. Arnold

has been able’

through

use of invokes and-returned

compile

Jnforaaticn

high-

wheel

the 198041

The inforaat ion

reflected

chart accounts

ap-

proximate1 y-f Sarlo’s high-wheel

sales 1~ 1980-81. Xr.

Sarlo believes, based

lifelong

that the distribution

patttins

reaaininmf the

last

to the represented

&art.

has

not reflected

on the chart

sold one-at-a-zime on a

the

wili have ordee-

r=d the mower

knowr,

GZZ.

the- mower s

accounted for on

chart are

transac,,

Hr.

Sarlo

has stated’

however,

that

the

TIlOWei

necessary

designation

for Sarlo’s high-wheel products, he will

attempt to compile

data.

equipment sales and xntal

“California Weed

Cutters”;

they

ars

?rimar ily

appl icat

tall, dense

**11

-has

-company stores seil %&o’s

mcwer

imar il;J

i:n

bus’inesses

and

individuals

and garden

mowers , S a r l o ’ s

L . S a r l o ,

the

w a r r a n t y c a r d s , t o

the following

regarding purchasers of

mowers during

season.

i n t h i s

f o r

m o w e r

on his

e x p e r i e n c e w i t h t h e f i r m ,

and use

for the

mowers sold

year would be very similar

t h e

M r . Sarlo

indicated that the mowers

a r e

“ m a d e

o r d e r ” b a s i s ,

i . e . ,

d e a l e r

for a

commercial

Since

n o t

t h e

single unit

•• ••••• to hundreds of different users, they are

more difficult to trace than the ‘bulk transactions reflected on the

c h a r t

i e n c e w i t h t h e f i r m ,

and use

for the

mowers sold

year would be very similar

t h e

M r . Sarlo

indicated that the mowers

a r e

“ m a d e

o r d e r ” b a s i s ,

i . e . ,

d e a l e r

for a

commercial

Since

n o t

t h e

single unit

•• ••••• to hundreds of different users, they are

more difficult to trace than the ‘bulk transactions reflected on the

c h a r t .

if a m o r e d e t a i l e d

accounting of

remaining

s a l e s is

to obtain a

“commercial”

m o r e c o m p l e t e

These

outlets purchase high-wheel

units which they designate- a s

used

in commercial

ions charac

terized by large expanses of

w e e d s .

V i c e - p r e s i d e n t o f t h e

confirmed that his

high-wheel

3 pr

w h o u s e t h e m o w e r s

their l a w n

businesses.

CoUier,

RiU 2~ Scott

Page Six

production units.”

Id.

Because the Commission’s decision on this matter will have

a maior imnact on Sarlo’s future operations, we request a status

will be able to expedite

this matter,

particularly

in light

the similarities

between

Sarlo’s

high-wheel

products

and

those recently categorized as non-consumer

mission.

product’s by the Com-

Sincerely,

JLO: jab

Shannon,

_ ..ibil:

SPECIFICATIONS

I!!EIGHjl

UlllNG

WlltEl

16”- 135Ga

IIRES. HtAR

16 II

semf pneunfahc

f HDNI WIIEELS

6”~

50”

DRIVL BEI

Specfal

61 AIW

21” x 3/16” I

ShaRerprod Afflrtl

ENGlNt

BIIQQS 6 SlfallOfl

21”CUT

SPECIFICATIONS

!I?

illNG

-64

WHtElS.

dlam

- to5Ga

TIRES.

pneufTfalw;

FRONI WtlEEtS

Swfvet 7” x 1 50”

BE1 I

x 3/16” x

Shallefprool AIIIIII

ENCINL

Brfggs

Shallon

24”CUT

10SP

SPECIFICATIONS

%ftG SWAlH

SPOKES

IIRES

llNG

WlltEl

16”- 135Ga

IIRES. HtAR

16 II

semf pneunfahc

f HDNI WIIEELS

6”~

50”

DRIVL BEI

Specfal

61 AIW

21” x 3/16” I

ShaRerprod Afflrtl

ENGlNt

BIIQQS 6 SlfallOfl

21”CUT

SPECIFICATIONS

!I?

illNG

-64

WHtElS.

dlam

- to5Ga

TIRES.

pneufTfalw;

FRONI WtlEEtS

Swfvet 7” x 1 50”

BE1 I

x 3/16” x

Shallefprool AIIIIII

ENCINL

Brfggs

Shallon

24”CUT

10SP

SPECIFICATIONS

%ftG SWAlH

SPOKES

IIRES.

f RON1

DRlVt BE11

x 3116”

SElf

UNt!

16” dram

- 135Ga

16 I

sew pfufufnalfc

Heauy

% ” Shallefpool Affhll

Bffggs 6 Slfallon

18SP

SeWPropelled

21”

S24SP

SPECIFICATIONS

CUIIING

IIRES.

FRONI

dfam

- 10561

pnaufnahc

Swfvrl

50”

BE1

Spfxfal

a 3/16” x

Shallerpfod

Affhtl

SELF PROf’E LltNG DNll

Bffg~s 6 Slfalloff

Modet

624SP

SPECIFICATIONS

#i-is!

CUlllNG SWAIN

l0F-!p

m”&

36- 105Ga

TIRES.

I25 pneurmhc

F RON1

6”~ I 50”

BEL 1

thy Duly Spactal

BLADE

2t”r3/16”r2~“ShallsrptodAirlitl

Ehfggs

Sttallon

UNIT

Sarb Yodel

\ u

800A

SPECIFICATIONS

CUTTING

20”tieavyDuty

12oGa

TIRES. PNEUMAIIC.

20x2

Duty SluMed. wilh tbavy%fly’lubes)

f RON1

swlvrt 7”r I

BELI. SDOMDY-PIOO~

Heavy nfftu

BLADE, Shalle;pfod atflrtl

_ ---,

Sib MO& 3003

Synchfo 0laf1~0 Verlkal

&iggs

Stfallfxf

20”

MODEL 4

SWAIH

s. REAR

dram

SPOKES

I 75

Heavy Duly

2%”

MODEL 4 16

MODEL 624

SWAIH

24”

REAR

20”

SPOKES

REAR

20 2 125

DRIVE

Heavy Dffly Specfal

ADE

2 4

2 %

5 hp

MODEL 624

MODEL 4

MODEL 420SP

WHEELS. REAR

REAR

t 75

WHEELS

6“

I 50”

Duty Special

BLADE

21”

ENGINE

PROPELLING

Safb Model 3102

WHEELS. REAR

SPOKES

REAR

20 x 2

WHEELS

DRIVE

ENGINE

4 hp

SELF-PROPELLING

3102

MODEL 420SP

Self-Propelled

MODEL

SWAIH

WHEELS. REAR

SPOKES (36)

REAR

125

(Heavy

WHEELS (2)

50”

DRIVE

26”

SELF-PROPELLING UNIT

ENGINE

CUT

MODEL 4

CUT

MODEL

SWAIH

24”

WHEELS. REAR

20”

SPOKES

REAR

20 II 2 t 25

WHEELS

7”

DRIVE

Heavy Dffly

BLADE

24”

2%”

ENGINE

Sarb

3000

‘MODEL

20 x 2

WHEELS

DRIVE

ENGINE

4 hp

SELF-PROPELLING

3102

MODEL 420SP

Self-Propelled

MODEL

SWAIH

WHEELS. REAR

SPOKES (36)

REAR

125

(Heavy

WHEELS (2)

50”

DRIVE

26”

SELF-PROPELLING UNIT

ENGINE

CUT

MODEL 4

CUT

MODEL

SWAIH

24”

WHEELS. REAR

20”

SPOKES

REAR

20 II 2 t 25

WHEELS

7”

DRIVE

Heavy Dffly

BLADE

24”

2%”

ENGINE

Sarb

3000

‘MODEL

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332-1955

FLORlOA

Mowers

47 yeus. ’

ha-re

20th

which

are still pendfng.

Exhibit

certim

Paver Hewers

themand

eve

/"s\

Power AMwers,

P.O. BOX 1169

2315 ANDERSON AVENUE ••TELEPHONE (813)

•

FORT MYERS,

33902

June 30, 1982

Sarlo Power

have been manufactured from the same

b a s i c d e s i g n f o r

In that time there

only

been two accident cases filed against us.

that Sarlo

Inc. in 47 years has had

only two accident cases filed against

that the

is a true and correct statement.

Arnold L. Sarlo

President

Sarlo

Inc.

Specializing in High Wheel Mowers since 1935 . . .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.