2018 Alaska Statutes
Title 45. Trade and Commerce
Chapter 27. Marine Products and Motorized Recreational Products
Article 5. General Provisions.
Sec. 45.27.390. Definitions.

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.