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