As used in this chapter:

(1)  “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:
(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). See Utah Code 13-14b-102
  • 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
  • Person: means :Utah Code 68-3-12.5
  • 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. 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:
    (a) warranty issued by the supplier; or
    (b) recall or modification order issued by the supplier. See Utah Code 13-14b-102
    (2)  “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.

    Enacted by Chapter 225, 2003 General Session