“Audit” means a review by a supplier of a dealer‘s warranty claims records.
Terms Used In Utah Code 13-14b-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
dealer: means a person or any other entity having a dealer agreement for selling and retailing:
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. See Utah Code 13-14b-102
any successor in interest, including a purchaser of assets or stock; and
(ii)
a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier that issued the warranty. See Utah Code 13-14b-102
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:
“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:
(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 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:
(a)
warranty issued by the supplier; or
(b)
recall or modification order issued by the supplier.