§ 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:

(4)(a) agricultural equipment;
(4)(b) dairy and farmstead mechanization equipment;
(4)(c) construction, utility, and industrial equipment;
(4)(d) outdoor power equipment;
(4)(e) lawn and garden equipment; or
(4)(f) attachments or repair parts for equipment listed in Subsections (4)(a) through (e).
(5) (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).
(5)(b) "Supplier" includes:
(5)(b)(i) any successor in interest, including a purchaser of assets or stock; and
(5)(b)(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:

(6)(a) warranty issued by the supplier; or
(6)(b) recall or modification order issued by the supplier.

Legislative History

Enacted by Chapter 225, 2003 General Session