Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes:
(a)
the manufacturer, producer, assembler, or distributor of the new motor vehicles;
(b)
an intermediate distributor; and
(c)
an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102
Motor vehicle: means :
(i)
except as provided in Subsection (16)(b), a trailer;
(ii)
a travel trailer;
(iii)
except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;
(iv)
a semitrailer as defined in Section 41-1a-102; and
A franchisee is solely liable for damage to a new motor vehicle after delivery by and acceptance from the carrier.
(b)
A delivery receipt or bill of lading, or similar document, signed by a franchisee is evidence of a franchisee’s acceptance of a new motor vehicle.
(2)
A franchisor is liable for all damage to a motor vehicle before delivery to and acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier or transporter.
(3)
(a)
A franchisor shall disclose to the franchisee any repairs made prior to delivery, except a recreational vehicle franchisor shall disclose to a recreational vehicle franchisee any repair made to the vehicle prior to delivery only if:
(i)
the cost of the repair exceeds 3% of the manufacturer’s wholesale price, as measured by retail repair costs; or
(ii)
the repair is to the exterior sidewalls or roof of the vehicle, and repairs total over $500.
(b)
Replacement of a recreational vehicle’s glass, tires, wheels, audio equipment, in-dash components, instrument panels, appliances, furniture, and components other than built-in cabinetry contained in the vehicle’s living quarters, is not considered a repair under this subsection if the component replaced has been replaced with original manufacturers parts and materials.
(4)
Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to a new motor vehicle after delivery to the carrier or transporter if the franchisee selected:
