Nebraska § 60-1445 - Terms, defined.

§ 60-1445. Terms, defined.

For purposes of the Recreational Vehicle Industry Regulation Act:

(1) Area of sales responsibility means the geographical area agreed to by the dealer and the manufacturer in the manufacturer-dealer agreement, within which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line-make;

(2) Board has the same meaning as in section 60-1401.06;

(3)(a) Bona fide consumer means an owner of a recreational vehicle that has:

(i) Acquired such recreational vehicle for use in business or for pleasure purposes;

(ii) Been granted a certificate of title for such recreational vehicle; and

(iii) Registered such recreational vehicle in accordance with the laws of the residence of the owner; and

(b) Bona fide consumer does not include any owner that sells more than eight registered recreational vehicles within a twelve-month period;

(4) Consumer care means the performance, for the public, of necessary maintenance and repairs to recreational vehicles, including diagnostic work and warranty service;

(5) Dealer means any individual or business entity that is licensed under the Motor Vehicle Industry Regulation Act to sell new recreational vehicles;

(6) Distributor means any individual or business entity that is licensed under the Motor Vehicle Industry Regulation Act to purchase new recreational vehicles for resale to dealers;

(7) Factory campaign means an effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue;

(8) Family member means a spouse or, whether by blood, marriage, or adoption, a child, grandchild, parent, sibling, niece, or nephew, or the spouse of any such person;

(9) Licensee means any dealer, distributor, or manufacturer;

(10) Line-make means a specific series of recreational vehicles that:

(a) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;

(b) Have lengths and interior floor plans that distinguish the line-make from other line-makes with substantially the same decor, equipment, features, price, and weight; and

(c) Belong to a single, distinct classification of recreational vehicles that have a substantial degree of commonality in the construction of the chassis, frame, and body;

(11) Manufacturer means any individual or business entity that is licensed under the Motor Vehicle Industry Regulation Act to engage in the manufacturing of recreational vehicles;

(12) Manufacturer-dealer agreement means a written agreement or contract entered into between a manufacturer or distributor and a dealer that specifies the rights and responsibilities of the parties to the agreement and authorizes the dealer to sell line-makes of new recreational vehicles that are manufactured by the manufacturer;

(13) Model means a series of recreational vehicles that are identified by a trade name or trademark that is a subset of a line-make;

(14) Motor vehicle dealer has the same meaning as in section 60-1401.26;

(15) Motorcycle dealer has the same meaning as in section 60-1401.29;

(16) New recreational vehicle means any recreational vehicle that is not included within the definition of a used recreational vehicle;

(17) Proprietary part means any part that is manufactured by or for and sold exclusively by the manufacturer;

(18)(a) Recreational vehicle means a vehicle that is either self-propelled or towed by a consumer-owned tow vehicle and that is designed to provide temporary living quarters for recreational, camping, or travel use; and

(b) Recreational vehicle includes motor homes, travel trailers, fifth-wheel travel trailers, truck campers, and folding camping trailers;

(19) Termination action means the termination of, cancellation of, or failure to renew an entire manufacturer-dealer agreement or any provision relating to any model or line-make in a manufacturer-dealer agreement;

(20) Trailer dealer has the same meaning as in section 60-1401.37;

(21) Transient customer means a customer who is temporarily traveling through a dealer's area of sales responsibility;

(22)(a) Used recreational vehicle means every recreational vehicle that has been sold, bargained, exchanged, or given away or for which title has been transferred from the person who first acquired it from the manufacturer, distributor, or dealer; and

(b) A new recreational vehicle is not considered a used recreational vehicle until it has been placed in use by a bona fide consumer or until it has been registered under the Motor Vehicle Registration Act by a bona fide consumer;

(23) Warrantor means any individual or business entity that provides a warranty in connection with a new recreational vehicle or parts, accessories, or components for a new recreational vehicle. Such warranty does not include the following that are sold for separate consideration by a dealer or other person not controlled by a manufacturer: Any service contract, mechanical or other insurance, and extended warranty;

(24) Warranty part means any part, accessory, or component of a recreational vehicle that is covered by a warranty that was issued by a warrantor; and

(25) Warranty service means consumer care that is provided under the terms of or to comply with a warranty.