A motorboat dealer defaults on an agreement if the motorboat dealer:

(1) materially fails to:

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Terms Used In Utah Code 13-58-301

  • 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
  • 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
  • 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.
     (1)(a) meet minimum product stocking requirements as specified under the agreement;
     (1)(b) make timely payment of a material obligation as specified under the agreement; or
     (1)(c) meet an applicable standard, as specified by the agreement, for:

          (1)(c)(i) a dedicated or self-funded line of credit; or
          (1)(c)(ii) a trade-in or self-funded trade-in line of credit; or
(2) markets the manufacturer‘s motorboats outside of the motorboat dealer’s territory in violation of the agreement.