As used in this chapter:

(1) “Audit” means a review by a supplier of a dealer‘s warranty claims records.

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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:
         (4)(a) agricultural equipment;
         (4)(b) dairy and farmstead mechanization equipment;
         (4)(c) construction, utility, and industrial equipment;
         (4)(d) outdoor power equipment;
         (4)(e) lawn and garden equipment; or
         (4)(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 :
         (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
  • Supplier: includes :
              (5)(b)(i) any successor in interest, including a purchaser of assets or stock; and
              (5)(b)(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:
         (6)(a) warranty issued by the supplier; or
         (6)(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:

     (4)(a) agricultural equipment;
     (4)(b) dairy and farmstead mechanization equipment;
     (4)(c) construction, utility, and industrial equipment;
     (4)(d) outdoor power equipment;
     (4)(e) lawn and garden equipment; or
     (4)(f) attachments or repair parts for equipment listed in Subsections (4)(a) through (e).
(5)

     (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).
     (5)(b) “Supplier” includes:

          (5)(b)(i) any successor in interest, including a purchaser of assets or stock; and
          (5)(b)(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:

     (6)(a) warranty issued by the supplier; or
     (6)(b) recall or modification order issued by the supplier.