Sec. 45.27.390. Definitions.

499 words·~2 min read·/ak/title-45/chapter-27/45-27-390

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this chapter, unless the context indicates otherwise,

(1)“authorized dealer” means a person who has entered into a dealership agreement with a manufacturer;

(2)“boat” means a marine product that is not equipped with a motor;

(3)“dealership agreement” means an agreement between a person and a manufacturer of products for the person to engage in the retail sale and warranty repair of the manufacturer's products in the state;

(4)“distributor” means a person who is authorized by a manufacturer to engage in the wholesale distribution of the manufacturer's products in the state;

(5)“landed cost” means the sum of the price of the product and the transportation cost to the authorized dealer's facility;

(6)“manufacturer” means a person who

(A)fabricates, manufactures, or assembles products; “manufacturer” includes a manufacturer branch and a manufacturer sales representative, but does not include a person who converts, modifies, or otherwise alters a product fabricated, manufactured, or assembled by another person; or

(B)is a distribution entity that is

(i)owned or controlled by a person described under

(A)of this paragraph; and

(ii)separate from a person described under

(A)of this paragraph;

(7)“marine product” means a new watercraft, boat, or gasoline motor designed for recreational or commercial use on water; “marine product” includes an outboard gasoline motor or boat with an attached gasoline motor, but does not include a watercraft designed or adapted to be powered only by an occupant's energy;

(8)“motorized recreational product” means an all-terrain vehicle, a marine gasoline motor, a boat, a boat package, a marine product, and a snow machine; in this paragraph,

(A)“all-terrain vehicle” means a vehicle with three or more low-pressure, flotation-type tires, as designed by the manufacturer or altered, to be used as an off-road recreational vehicle;

(B)“boat package” means a boat that is equipped and sold with a gasoline motor or another form of gasoline motorized propulsion;

(C)“snow machine” means a motorized vehicle with a gross vehicle weight under 1,300 pounds propelled by a track system designed to move a person over snow or ice, and includes a snowmobile;

(9)“nonconformity” means a defect or condition in a product that is caused by a manufacturer, distributor, or authorized dealer and that

(A)substantially decreases the dollar value of a product to the owner when compared to the dollar value of a similar product that does not have the defect or condition; or

(B)prevents a product from being operated or used or makes the product unsafe;

(10)“part” includes an accessory;

(11)“product” means a marine product or a motorized recreational product;

(12)“ultimate purchaser” means

(A)a purchaser, other than for resale, of a new product, if the new product is not subject to AS 28.10 or AS 28.39 ; or

(B)a person to whom ownership of a new product is transferred under AS 28.10 or AS 28.39 ;

(13)“warranty” means a written warranty provided by the manufacturer of a product.