§ 47-25-1901. Short Title
This part shall be known and may be cited as the “Motorcycle and Off-Road Vehicle Dealer Fairness Act.”
§ 47-25-1902. Part Definitions
As used in this part, unless the context otherwise requires: “All-terrain vehicle” means a motorized vehicle with no less than four (4) non-highway tires, but no more than six (6) non-highway tires, that is limited in total dry weight to less than two thousand five hundred pounds (2,500 lbs.), and is eighty inches (80″) or […]
§ 47-25-1903. Retail Agreement Modifications for Good Cause
No supplier, directly or through an officer, agent or employee, may terminate, cancel, fail to renew or substantially change the competitive circumstances of a retail agreement without good cause. “Good cause” means failure by a dealer to comply with requirements imposed upon the dealer by the retail agreement if the requirements are not different from […]
§ 47-25-1904. Retailer’s Right to Have Inventory Repurchased
Whenever any dealer enters into a retail agreement with a supplier, evidenced by a written or oral contract, in which the dealer agrees to maintain an inventory of motorcycles, off-road vehicles, and attachments, inventory of parts and to provide service thereon, and the contract is terminated, then the supplier shall repurchase the inventory as provided […]
§ 47-25-1905. Prohibited Supplier Actions
No supplier shall: Coerce any dealer to accept delivery of inventory, parts or accessories that the dealer has not ordered voluntarily, except as required by any applicable law, or unless parts or accessories are safety parts or accessories required by the supplier; Condition the sale of additional inventory to a dealer upon a requirement that […]
§ 47-25-1707. Statute of Limitations
An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation by any person constitutes a single claim against that person, but this section shall be applied separately to any […]
§ 47-25-1708. Effect on Other Law
Except as provided in subsection (b), this part displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. This part does not affect: Contractual remedies, whether or not based upon misappropriation of a trade secret; provided, that a contractual duty to maintain secrecy or limit use […]
§ 47-25-1709. Uniformity of Application and Construction
This part shall be applied and construed to effectuate its general purpose to make consistent the law with respect to the subject of this act among states enacting it.
§ 47-25-1801. Definitions
The terms “inventory”, “retailer”, and “supplier” shall have the same meaning as provided in § 47-25-1301.
§ 47-25-1802. Approval of Warranty Claims — Notice of Claim
Claims by a retailer for payment under warranty agreements pertaining to inventory shall either be approved or disapproved within thirty (30) days of receipt by the supplier. All approved claims shall be paid within thirty (30) days of their approval. When any such claim is disapproved, the supplier shall notify the dealer within thirty (30) […]