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

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Terms Used In Utah Code 13-58-201

  • Agreement: means an agreement between:
         (1)(a) a motorboat dealer; and
         (1)(b)
              (1)(b)(i) a manufacturer; or
              (1)(b)(ii) a distributor. See Utah Code 13-58-102
  • Distributor: means a person who:
         (2)(a) has an agreement with a manufacturer of motorboats to distribute motorboats within this state; and
         (2)(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:
         (5)(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
         (5)(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 :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See 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:

     (2)(a) each working capital standard, inventory standard, facility standard, equipment standard, and tool standard, if any, including each agreed upon minimum product stocking requirement;
     (2)(b) provisions for termination or nonrenewal of the agreement;
     (2)(c) the designation of a successor motorboat dealer in the event of the motorboat dealer’s death or disability;
     (2)(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;
     (2)(e) the obligations of the manufacturer, distributor, and new motorboat dealer upon termination of the agreement, including obligations in relation to:

          (2)(e)(i) inventory of new motorboats;
          (2)(e)(ii) inventory of new motorboat motors;
          (2)(e)(iii) inventory of parts;
          (2)(e)(iv) equipment;
          (2)(e)(v) furnishings;
          (2)(e)(vi) special tools; and
          (2)(e)(vii) required signs;
     (2)(f) each standard for maintenance of:

          (2)(f)(i) a dedicated or self-funded line of credit, if any; and
          (2)(f)(ii) a trade-in line of credit or self-funded trade-in line of credit, if any; and
     (2)(g) dispute resolution procedures.