Terms Used In Vermont Statutes > Title 9 > Chapter 83 - Innkeepers and Victualers

• Accepted credit card: means any credit card that the cardholder has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, services, or payment of delinquent taxes on credit, and also the term includes a credit card issued in replacement or renewal of an accepted credit card. See
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistive device: means an item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities. See
• Assistive device dealer: means a person who is in the business of selling assistive devices to consumers. See
• Assistive device lessor: means a person who leases an assistive device to a consumer, or who holds the lessor's rights, under a written lease. See
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• billing information: includes the full account number and routing number and, if necessary, the name of the financial institution holding the account. See
• Business day: means any calendar day except Saturday, Sunday, or any day classified as a holiday under 1 V. See
• Buyer: means a person who buys or contracts to buy goods. See
• Card issuer: means any person who issues a credit card. See
• Cardholder: means any person to whom a credit card is issued and any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. See
• Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means any of the following:

• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See
• Credit card: means any instrument, whether known as credit card, credit plate, charge plate, or any other name, that purports to evidence an undertaking to pay for property, labor, services, or delinquent taxes paid, delivered, or rendered to or upon the order of persons designated or otherwise authorized as bearers of such card, and includes bank credit cards as defined in 8 V. See
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person primarily engaged in the business of retail sales of inventory. See
• Dealer agreement: means a written or oral agreement between a dealer and a supplier by which the supplier gives the dealer the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol. See
• Docket: A log containing brief entries of court proceedings.
• Early termination cost: means any expense or obligation that an assistive device 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 an assistive device to a manufacturer pursuant to this section. See
• Early termination saving: means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before that termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to this section. See
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inventory: means :

• Loaner: means an assistive technology device that is loaned to the user without charge while repairs are made to the user's assistive technology device. See
• Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer. See
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Net cost: means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location. See
• Nonconformity: means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, but does not include a condition or defect that is the result of abuse, use that exceeds the manufacturer's recommendations, neglect, or unauthorized modification or alteration of the assistive device by a consumer. See
• 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: refers to any individual, partnership, corporation, association, or other organization. See
• Person: includes a natural person, a firm, an association, and a corporation, and any officer, employee, or agent thereof. See
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Reasonable attempt to repair: means , within the terms of an express warranty applicable to a new assistive device:

• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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.
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
• Seller: means a person who sells or contracts to sell goods. See
• Seller: means a person regularly and principally engaged in a business of selling goods or services to consumers. See
• Statute: A law passed by a legislature.
• Supplier: means a wholesaler, manufacturer, or distributor of inventory who enters into a dealer agreement with a dealer. See
• third-party discount membership program: is a program that entitles consumers to receive discounts, rebates, rewards, or similar incentives on the purchase of goods or services or both, in whole or in part, from any third party. See
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Trading stamp: refers to any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, that entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service, or cash. See
• Trading stamp company: refers to any person engaged in distributing trading stamps for retail issuance by others, or in redeeming trading stamps for retailers, in any way or under any guise. See
• Trustee: A person or institution holding and administering property in trust.
• Unauthorized use: means a use of a credit card to obtain money, property, labor, services, or payment of delinquent taxes by a person other than the cardholder who does not have actual, implied, or apparent authority for such use. See