13-14b-102. Definitions.

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

As used in this chapter:

(1)"Audit" means a review by a supplier of a dealer's warranty claims records.

(2)"Current net price" means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier in effect at the time a warranty claim is submitted.

(3)"Dealer agreement" means an oral or written contract or an agreement of definite or indefinite duration, between a supplier and an equipment dealer that authorizes or requires the equipment dealer to perform services or supply parts under a warranty, or to do both.

(4)"Equipment dealer" or "dealer" means a person or any other entity having a dealer agreement for selling and retailing:

(a)agricultural equipment;

(b)dairy and farmstead mechanization equipment;

(c)construction, utility, and industrial equipment;

(d)outdoor power equipment;

(e)lawn and garden equipment; or

(f)attachments or repair parts for equipment listed in Subsections (4)(a) through

(e).

(a)"Supplier" means a person or any other entity engaged in the manufacturing, assembly, or wholesale distribution of an item listed in Subsections (4)(a) through

(f).

(b)"Supplier" includes:

(i)any successor in interest, including a purchaser of assets or stock; and

(ii)a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier that issued the warranty.

(6)"Warranty claim" means a claim for payment submitted by an equipment dealer to a supplier for service or parts, or both, provided to a customer under a:

(a)warranty issued by the supplier; or

(b)recall or modification order issued by the supplier.

Enacted by Chapter 225 , 2003 General Session