13-14b-102 - Definitions.
13-14b-102. Definitions.
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 theprinted price list or catalog or invoice of the supplier in effect at the time a warranty claim issubmitted.
(3) "Dealer agreement" means an oral or written contract or an agreement of definite orindefinite duration, between a supplier and an equipment dealer that authorizes or requires theequipment 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 dealeragreement 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).
(5) (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 theoriginal supplier that issued the warranty.
(6) "Warranty claim" means a claim for payment submitted by an equipment dealer to asupplier 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