§ 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 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).

(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 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