As used in this subchapter:
(1) "Area of sales responsibility" means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement where the dealer has the exclusive right to display or sell the manufacturer or distributor's new recreational vehicles of a particular line-make to the retail public;
(2) "Dealer" means a person, firm, corporation, or business entity that is:
(A) Engaged in the business of selling or offering to sell, selling and servicing, soliciting, or advertising the selling or selling and servicing of recreational vehicles under a manufacturer's warranty; and
(B) Located at an established and permanent place of business under a dealer agreement;
(3) "Dealer agreement" means a written agreement, contract, franchise agreement, or sales and service agreement that:
(A) Is entered into between a manufacturer or distributor and a dealer;
(B) Establishes the rights, responsibilities, and obligations of the manufacturer or distributor and a dealer; and
(C) Authorizes the dealer to sell new recreational vehicles;
(4) "Distributor" means a person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers;
(5) "Factory campaign" means an effort on the part of a warrantor to contact recreational vehicle owners or dealers to address a part or equipment issue;
(6) "Factory representative" means a representative employed by a person, firm, association, corporation, or trust that manufactures, assembles, or distributes new recreational vehicles;
(7) "Family member" means:
(A) A spouse;
(B) A child, grandchild, parent, sibling, niece, or nephew; or
(C) The spouse of a child, grandchild, parent, sibling, niece, or nephew;
(8) "Fifth wheel travel trailer" means a recreational vehicle designed to be towed by a motorized vehicle by means of a towing mechanism that is mounted above or forward of the tow vehicle's rear axle;
(9) "Folding camping trailer" means a recreational vehicle designed to be towed by a motorized vehicle that is constructed with partially collapsible side walls that fold for travel and unfold and extend in the set-up mode;
(10) "Line-make" means a specific series of recreational vehicle products that:
(A) Are identified by a common series trade name or trademark;
(B) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;
(C) Have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight;
(D) Belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
(E) The dealer agreement authorizes a dealer to sell;
(11) "Manufacturer" means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles;
(12) "Motor home" means a recreational vehicle built on a self-propelled motor vehicle chassis that contains at least four (4) of the following permanently installed independent life support systems:
(A) A cooking facility with an on-board fuel source;
(B) A potable water supply system that includes at least a sink, faucet, and water tank with an exterior service supply connection;
(C) A toilet with exterior evacuation;
(D) A gas or electric refrigerator;
(E) A heating or air conditioning system with an on-board power or fuel source separate from the vehicle engine; or
(F) An electric power supply of one hundred ten to one hundred twenty-five volts (110-125 V);
(13) "Person" means, individually and collectively, individuals, firms, partnerships, copartnerships, associations, corporations, trusts, or any other form of business enterprise or other legal entity;
(14) "Proprietary part" means a recreational vehicle part:
(A) Manufactured by or for a manufacturer; and
(B) Sold exclusively by the manufacturer;
(15) "Recreational vehicle":
(A) Means a vehicle that:
(i) Has its own motor power or is towed by another vehicle;
(ii) Is primarily designed as a temporary living quarters for noncommercial recreation or camping use;
(iii) Complies with all applicable federal vehicle regulations as existing on January 1, 2013; and
(iv) Does not require a special-movement permit to legally use the highways; and
(B) Includes without limitation a:
(i) Motor home;
(ii) Travel trailer;
(iii) Fifth wheel travel trailer; and
(iv) Folding camping trailer;
(16) "Recreational vehicle salesperson" means a person who:
(A) Is employed by a dealer as a salesperson whose duties include the selling or offering for sale of recreational vehicles;
(B) For compensation of any kind acts as a salesperson, agent, or representative of a dealer;
(C) Attempts to or in fact negotiates a sale of a recreational vehicle owned partially or entirely by a dealer; and
(D) Uses the financial resources, line of credit, or floor plan of a dealer to purchase, sell, or exchange an interest in a recreational vehicle;
(17) "Supplier" means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components;
(18) "Transient customer" means a person who:
(A) Owns a recreational vehicle;
(B) Is temporarily traveling through a dealer's area of sales responsibility;
(C) Engages a dealer to perform service work on that recreational vehicle; and
(D) Requires repairs that relate to the safe operation of that recreational vehicle that if not undertaken are of a nature that would render that recreational vehicle unusable for its intended purpose;
(19) "Travel trailer" means a recreational vehicle designed to be towed by a motorized vehicle; and
(20) (A) "Warrantor" means a person, firm, corporation, or business entity, including without limitation a manufacturer or supplier, that provides a written warranty to the consumer in connection with a new recreational vehicle or accessories, parts, or components of a new recreational vehicle.
(B) "Warrantor" does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer.
Section: Previous 23-112-1002 23-112-1003 23-112-1004 23-112-1005 23-112-1006 23-112-1007 23-112-1008 23-112-1009 23-112-1010 23-112-1011 23-112-1012 23-112-1013 23-112-1014 23-112-1015 NextLast modified: November 15, 2016