Terms Used In Utah Code > Title 32B > Chapter 6 > Part 1 - General Provisions

• Assistive technology: includes :

  (i)	manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual;

  (ii)	hearing aids, telephone communication devices for the deaf (TDD), assistive listening devices, and other aids that enhance an individual's ability to hear or communicate; and

  (iii)

  voice-synthesized computer modules, optical scanners, talking software, braille printers, and other devices that enhance an individual's ability to access print or communicate. See Utah Code 70A-2-802 Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103 Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining alternative assistive technology. See Utah Code 70A-2-802 Consumer: means any person including a public agency or other private organization, who acquires assistive technology on behalf of or for the benefit of an individual who: (a)  purchases assistive technology from a manufacturer, its agent, or authorized dealer for purposes other than resale; (b)  obtains or otherwise receives assistive technology for purposes other than resale, but only if the transfer occurs before the expiration of any applicable express warranties; (c)  possesses the right to enforce the warranty; or (d)  leases assistive technology from an authorized lessor under a written lease. See Utah Code 70A-2-802 Contract: A legal written agreement that becomes binding when signed. Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Utah Code 70A-2-106 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means a person who is in the business of selling assistive technology. See Utah Code 70A-2-802 Demonstrator: means assistive technology used primarily for the purpose of demonstration to the public. See Utah Code 70A-2-802 Disbursements: means the amount of money consumers may receive as part of a damage award based upon the pro rata share of investment by the consumers. See Utah Code 70A-2-802 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Early termination cost: means any expense or obligation that a lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of the assistive technology to the manufacturer. See Utah Code 70A-2-802 Early termination savings: means any expense or obligation that a lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of assistive technology to a manufacturer which shall include an interest charge that the lessor would have paid to finance the assistive technology or, if the lessor does not finance the assistive technology, the difference between the total period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination. See Utah Code 70A-2-802 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts 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. Fiduciary: A trustee, executor, or administrator. Fraud: Intentional deception resulting in injury to another. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lessee: means a person who leases assistive technology as a consumer under a written lease. See Utah Code 70A-2-802 Lessor: means a person who leases assistive technology to consumers or who holds the lessor's rights under a written lease. See Utah Code 70A-2-802 License: means : (a)  a retail license; (b)  a sublicense; (c)  a license issued in accordance with 4; (d)  a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e)  a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f)  a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (g)  a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 Lien: A claim against real or personal property in satisfaction of a debt. Manufacturer: means a person who manufactures or assembles assistive technology including agents of that person, an importer, a distributor, a factory branch, distributor branch, and any warrantors of the manufacturer's assistive technology, but does not include a dealer or lessor of assistive technology. See Utah Code 70A-2-802 Nonconformity: means any defect, condition, or malfunction which substantially impairs the use, value, or safety of assistive technology, but does not include a condition, defect, or malfunction that is the result of abuse, neglect, or unauthorized modification or alternation of the assistive technology by the consumer. See Utah Code 70A-2-802 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Person: means :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Seller: means a person who sells or contracts to sell goods. See Utah Code 70A-2-103 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. 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 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Writing: includes :Utah Code 68-3-12.5