A. A manufacturer, factory branch, distributor or distributor branch or a subsidiary of a manufacturer, factory branch, distributor or distributor branch shall not directly or indirectly own, operate or control, except on an emergency or interim basis, a new motor vehicle warranty service facility that is located in this state and that is not part of a franchise dealership.

Terms Used In Arizona Laws 28-4413

  • Community: means the relevant market area. See Arizona Laws 28-4301
  • Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
  • Distributor: means a person who either:

    (a) Sells or distributes new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

  • Distributor branch: means a branch office maintained or availed of by a distributor for either:

    (a) The sale of new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

  • Factory branch: means a branch office maintained or availed of by a manufacturer for either:

    (a) The sale of new motor vehicles to distributors or the sale of new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

  • Franchise: means a contract between two or more persons if all of the following conditions are included:

    (a) A commercial relationship of definite duration or continuing indefinite duration is involved. See Arizona Laws 28-4301

  • Manufacturer: means any person who either:

    (a) Manufactures or assembles new motor vehicles. See Arizona Laws 28-4301

  • Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
  • New motor vehicle: means a motor vehicle, other than a used motor vehicle, that is held either for:

    (a) Sale by the franchisee who first acquired the vehicle from the manufacturer or distributor of the vehicle. See Arizona Laws 28-4301

  • Service: means any service that is sold, leased or provided to retail consumers and that directly relates to the ownership or leasing of a new or used motor vehicle, including extended service contracts or motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor. See Arizona Laws 28-4301
  • State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101

B. Subsection A does not apply in a community or county in which a dealer is not available to perform required warranty repairs or if an existing dealer is unable or unwilling to perform the warranty repairs required by the manufacturer. If subsection A does not apply pursuant to this subsection, a dealer may object to a manufacturer, factory branch, distributor or distributor branch or a subsidiary of a manufacturer, factory branch, distributor or distributor branch directly or indirectly owning, operating or controlling a new motor vehicle warranty service facility as provided in article 5 of this chapter.

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