Utah Code 13-14b-105. Relief
Current as of: 2024 | Check for updates
|
Other versions
(1) A dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted under this chapter to a supplier if a supplier:
Terms Used In Utah Code 13-14b-105
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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(1)(a) fails to make payment in accordance with the provisions of this chapter;(1)(b) wrongfully rejects the dealer’s warranty claim; or(1)(c) violates any other provision of this chapter.(2) The court shall award the dealer costs and reasonable attorney’s fees if it finds that the supplier has committed a violation under Subsection (1)(a), (b), or (c).