In this chapter, unless the context indicates otherwise,
(1) "authorized dealer" means a person who has entered into a dealership agreement with a manufacturer;
(2) "boat" means a marine product that is not equipped with a motor;
(3) "dealership agreement" means an agreement between a person and a manufacturer of products for the person to engage in the retail sale and warranty repair of the manufacturer's products in the state;
(4) "distributor" means a person who is authorized by a manufacturer to engage in the wholesale distribution of the manufacturer's products in the state;
(5) "landed cost" means the sum of the price of the product and the transportation cost to the authorized dealer's facility;
(6) "manufacturer" means a person who
(A) fabricates, manufactures, or assembles products; "manufacturer" includes a manufacturer branch and a manufacturer sales representative, but does not include a person who converts, modifies, or otherwise alters a product fabricated, manufactured, or assembled by another person; or
(B) is a distribution entity that is
(i) owned or controlled by a person described under (A) of this paragraph; and
(ii) separate from a person described under (A) of this paragraph;
(7) "marine product" means a new watercraft, boat, or gasoline motor designed for recreational or commercial use on water; "marine product" includes an outboard gasoline motor or boat with an attached gasoline motor, but does not include a watercraft designed or adapted to be powered only by an occupant's energy;
(8) "motorized recreational product" means an all-terrain vehicle, a marine gasoline motor, a boat, a boat package, a marine product, and a snow machine; in this paragraph,
(A) "all-terrain vehicle" means a vehicle with three or more low-pressure, flotation-type tires, as designed by the manufacturer or altered, to be used as an off-road recreational vehicle;
(B) "boat package" means a boat that is equipped and sold with a gasoline motor or another form of gasoline motorized propulsion;
(C) "snow machine" means a motorized vehicle with a gross vehicle weight under 1,300 pounds propelled by a track system designed to move a person over snow or ice, and includes a snowmobile;
(9) "nonconformity" means a defect or condition in a product that is caused by a manufacturer, distributor, or authorized dealer and that
(A) substantially decreases the dollar value of a product to the owner when compared to the dollar value of a similar product that does not have the defect or condition; or
(B) prevents a product from being operated or used or makes the product unsafe;
(10) "part" includes an accessory;
(11) "product" means a marine product or a motorized recreational product;
(12) "ultimate purchaser" means
(A) a purchaser, other than for resale, of a new product, if the new product is not subject to AS 28.10 or AS 28.39; or
(B) a person to whom ownership of a new product is transferred under AS 28.10 or AS 28.39;
(13) "warranty" means a written warranty provided by the manufacturer of a product.
Section: 45.27.390 45.27.395 NextLast modified: November 15, 2016