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3303. Definition of "Cost" Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The term "cost" means all costs of doing business, including fixed costs that do not tend to change with sales, such as heat and light, as well as variable costs that do tend to change with sales, such as sales commissions. Costs of doing business may include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Labor, including salaries of executives and officers; Rent and utilities; Interest on loans; Depreciation; Selling cost; Maintenance of equipment; Delivery costs; Credit losses; Advertising costs; Licenses, taxes; [and] Insurance; [and] [Insert other cost(s).] 3303. Definition of "Cost" Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [The term "cost" as applied to warranty service agreements also includes the cost of parts and delivery of the parts.] [The term "cost" as applied to distribution also includes either the invoice cost or replacement cost of the product, whichever is lower.] [The term "cost" as applied to services also includes the prevailing wage at the time and place these services were provided if [name of defendant] was paying less than the prevailing wage.] Any discounts given for cash payments may not be used to lower costs. ________________________________________________________________________________ New September 2003