10.1-1425.27 - Definitions.

§ 10.1-1425.27. Definitions.

As used in this article, unless the context requires a different meaning:

"Brand" means the name, symbol, logo, trademark, or other information thatidentifies a product rather than the components of the product.

"Computer equipment" means a desktop or notebook computer and may include acomputer monitor or other display device. Computer does not include:

1. A television or any telecommunication system device that can receivemoving pictures and sound broadcast over a distance, including a televisiontuner or a display device peripheral to a computer in which the displaydevice contains a television tuner;

2. A desktop or notebook computer or computer monitor or other display devicethat is functionally or physically a part of, connected to, or integratedwithin a larger piece of equipment and designed or intended for use in anindustrial, governmental, commercial, research and development, or medicalsetting, including diagnostic, monitoring, security, sensing, or controlequipment; or

3. Any monitor or computer equipment contained within a clothes washer,clothes dryer, refrigerator, refrigerator and freezer, microwave oven,conventional oven or range, dishwasher, room air conditioner, dehumidifier,or air purifier.

"Consumer" means an individual who uses computer equipment that ispurchased primarily for personal or home business use.

"Manufacturer" means a person who in any calendar year:

1. Manufactures or manufactured computer equipment in excess of 500 unitsunder a brand that:

a. The person owns or owned; or

b. The person is or was licensed to use, other than under a license tomanufacture computer equipment for delivery exclusively to or at the order ofthe licensor;

2. Sells or sold computer equipment in excess of 500 units manufactured byothers under a brand that:

a. The person owns or owned; or

b. The person is or was licensed to use, other than under a license tomanufacture computer equipment for delivery exclusively to or at the order ofthe licensor;

3. Manufactures or manufactured computer equipment in excess of 500 unitswithout affixing a brand;

4. Manufactures or manufactured computer equipment in excess of 500 units towhich the person affixes or affixed a brand that:

a. The person does not or has not owned; or

b. The person is not or was not licensed to use; or

5. Imports or imported computer equipment in excess of 500 units manufacturedoutside the United States into the United States unless at the time ofimportation the company or licensee that sells or sold the computer equipmentto the importer has or had assets or a presence in the United Statessufficient to be considered the manufacturer.

(2008, c. 541.)