13-58-201.  Agreement requirement — Terms of agreements.

(1)  A person may not act as a motorboat dealer in this state without entering into an agreement.

Terms Used In Utah Code 13-58-201

  • Agreement: means an agreement between:
(a) a motorboat dealer; and
(b) 
(i) a manufacturer; or
(ii) a distributor. See Utah Code 13-58-102
  • Distributor: means a person who:
    (a) has an agreement with a manufacturer of motorboats to distribute motorboats within this state; and
    (b) in whole or in part sells or distributes motorboats to motorboat dealers. See Utah Code 13-58-102
  • Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new motorboats for the purpose of sale or trade. See Utah Code 13-58-102
  • Motorboat: means the same as that term is defined in Section 73-18-2. See Utah Code 13-58-102
  • Motorboat dealer: means a person who:
    (a) is engaged in the business of buying, selling, offering for sale, or exchanging new motorboats either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise; and
    (b) has established in this state a place of business for the sale, lease, trade, or display of new motorboats. See Utah Code 13-58-102
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (2)  An agreement shall include:

    (a)  each working capital standard, inventory standard, facility standard, equipment standard, and tool standard, if any, including each agreed upon minimum product stocking requirement;

    (b)  provisions for termination or nonrenewal of the agreement;

    (c)  the designation of a successor motorboat dealer in the event of the motorboat dealer’s death or disability;

    (d)  the obligations of the manufacturer, distributor, and motorboat dealer in the preparation and delivery of, and warranty service on, new motorboats and new motorboat motors;

    (e)  the obligations of the manufacturer, distributor, and new motorboat dealer upon termination of the agreement, including obligations in relation to:

    (i)  inventory of new motorboats;

    (ii)  inventory of new motorboat motors;

    (iii)  inventory of parts;

    (iv)  equipment;

    (v)  furnishings;

    (vi)  special tools; and

    (vii)  required signs;

    (f)  each standard for maintenance of:

    (i)  a dedicated or self-funded line of credit, if any; and

    (ii)  a trade-in line of credit or self-funded trade-in line of credit, if any; and

    (g)  dispute resolution procedures.

    Enacted by Chapter 185, 2021 General Session