13-35-205. Liability for damages to motor vehicles in transit -- Disclosure required.

183 words·~1 min read·/ut/title-13/chapter-35/13-35-205

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

(a)A franchisee is solely liable for damage to a new powersport vehicle after delivery by and acceptance from the carrier.

(b)A delivery receipt or bill of lading, or similar document, signed by a franchisee is evidence of a franchisee's acceptance of a new powersport vehicle.

(2)A franchisor is liable for all damage to a powersport vehicle before delivery to and acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier or transporter.

(3)A franchisor shall disclose to the franchisee any repairs made prior to delivery, only if the cost of the repair exceeds 3% of the manufacturer's wholesale price, as measured by retail repair costs.

(4)Notwithstanding Subsections

(1),

(2), and

(3), the franchisee is liable for damage to a new powersport vehicle after delivery to the carrier or transporter if the franchisee selected:

(a)the method and mode of transportation; and

(b)the carrier or transporter.

Enacted by Chapter 234 , 2002 General Session