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2017 New Hampshire Revised Statutes
Title XXXI - TRADE AND COMMERCE
Chapter 357-D - NEW MOTOR VEHICLE ARBITRATION
Section 357-D:2 - Definitions.
Universal Citation: NH Rev Stat § 357-D:2 (2017)
357-D:2 Definitions. –
In this chapter:
I. "Board'' means the New Hampshire new motor vehicle arbitration board.
II. "Business day'' means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business.
III. "Consumer'' means the purchaser, other than for purposes of resale of a new motor vehicle; the lessee of a new motor vehicle, other than for the purpose of sublease; any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty. "Consumer'' shall not include any governmental entity.
IV. "Distributor'' means any person who sells or distributes new or used motor vehicles to motor vehicle dealers or who maintains distributor representatives within this state.
V. "Early termination costs'' means expenses and obligations incurred by a motor vehicle lessee as a result of an early termination of a written lease agreement and surrender of a motor vehicle to a manufacturer, including penalties for prepayment of finance arrangements.
VI. "Factory branch'' means any branch office maintained by a manufacturer for the purpose of selling, leasing, or offering for sale or lease, vehicles to a distributor or new motor vehicle dealer or for directing or supervising, in whole or in part, factory distributor representatives.
VII. "Lease'' or "leased'' means a written agreement with a lessee which shall be for the use of a motor vehicle for consideration for a term of 2 or more years.
VIII. "Lessee'' means any consumer who leases a motor vehicle pursuant to a written lease agreement for a term of 2 or more years.
IX. "Manufacturer'' means any person, resident or nonresident, who manufactures or assembles new motor vehicles, or imports for distribution through distributors of motor vehicles or any partnership, firm, association, joint venture, corporation or trust, resident or nonresident, which is controlled by a manufacturer. The term "manufacturer'' includes distributors and factory branches.
X. "Motor vehicle'' means:
(a) A motor vehicle, as defined in RSA 259:60, of the private passenger or station wagon type with a gross weight not exceeding 11,000 pounds that is purchased or leased by a consumer; or
(b) Any other 4-wheel motor vehicle with a gross weight not exceeding 11,000 pounds, except tractors, and mopeds; or
(c) Motorcycles; or
(d) Any off highway recreational vehicle as defined in RSA 215-A:1, VI.
(e) Any snowmobile as defined in RSA 215-C:1, XV and RSA 357-C:1, XXVI.
XI. "Motor vehicle dealer'' means any person engaged in the business of selling, offering to sell, leasing, soliciting or advertising the sale of new or used motor vehicles or possessing motor vehicles for the purpose of resale either on his own account or on behalf of another, either as his primary business or incidental thereto. However, "motor vehicle dealer'' shall not include:
(a) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree or order of any court; or
(b) Public officers while performing their duties as such officers.
XII. "Motor vehicle lessor'' means a person who holds title to a motor vehicle leased to a lessee under written lease agreement for a term of 2 or more years, or who holds the lessor's rights under such an agreement.
XIII. "New motor vehicle'' means a passenger motor vehicle which is still under the manufacturer's express warranty.
XIV. "Nonconformity'' means a defect or condition that substantially impairs the use, value or safety of a motor vehicle, but does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.
XV. "Warranty'' includes express warranties as defined in the Uniform Commercial Code, RSA 382-A, plus any written warranty of the manufacturer.
I. "Board'' means the New Hampshire new motor vehicle arbitration board.
II. "Business day'' means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business.
III. "Consumer'' means the purchaser, other than for purposes of resale of a new motor vehicle; the lessee of a new motor vehicle, other than for the purpose of sublease; any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty. "Consumer'' shall not include any governmental entity.
IV. "Distributor'' means any person who sells or distributes new or used motor vehicles to motor vehicle dealers or who maintains distributor representatives within this state.
V. "Early termination costs'' means expenses and obligations incurred by a motor vehicle lessee as a result of an early termination of a written lease agreement and surrender of a motor vehicle to a manufacturer, including penalties for prepayment of finance arrangements.
VI. "Factory branch'' means any branch office maintained by a manufacturer for the purpose of selling, leasing, or offering for sale or lease, vehicles to a distributor or new motor vehicle dealer or for directing or supervising, in whole or in part, factory distributor representatives.
VII. "Lease'' or "leased'' means a written agreement with a lessee which shall be for the use of a motor vehicle for consideration for a term of 2 or more years.
VIII. "Lessee'' means any consumer who leases a motor vehicle pursuant to a written lease agreement for a term of 2 or more years.
IX. "Manufacturer'' means any person, resident or nonresident, who manufactures or assembles new motor vehicles, or imports for distribution through distributors of motor vehicles or any partnership, firm, association, joint venture, corporation or trust, resident or nonresident, which is controlled by a manufacturer. The term "manufacturer'' includes distributors and factory branches.
X. "Motor vehicle'' means:
(a) A motor vehicle, as defined in RSA 259:60, of the private passenger or station wagon type with a gross weight not exceeding 11,000 pounds that is purchased or leased by a consumer; or
(b) Any other 4-wheel motor vehicle with a gross weight not exceeding 11,000 pounds, except tractors, and mopeds; or
(c) Motorcycles; or
(d) Any off highway recreational vehicle as defined in RSA 215-A:1, VI.
(e) Any snowmobile as defined in RSA 215-C:1, XV and RSA 357-C:1, XXVI.
XI. "Motor vehicle dealer'' means any person engaged in the business of selling, offering to sell, leasing, soliciting or advertising the sale of new or used motor vehicles or possessing motor vehicles for the purpose of resale either on his own account or on behalf of another, either as his primary business or incidental thereto. However, "motor vehicle dealer'' shall not include:
(a) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree or order of any court; or
(b) Public officers while performing their duties as such officers.
XII. "Motor vehicle lessor'' means a person who holds title to a motor vehicle leased to a lessee under written lease agreement for a term of 2 or more years, or who holds the lessor's rights under such an agreement.
XIII. "New motor vehicle'' means a passenger motor vehicle which is still under the manufacturer's express warranty.
XIV. "Nonconformity'' means a defect or condition that substantially impairs the use, value or safety of a motor vehicle, but does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.
XV. "Warranty'' includes express warranties as defined in the Uniform Commercial Code, RSA 382-A, plus any written warranty of the manufacturer.
Source. 1991, 222:1. 1994, 220:1, 2. 2002, 215:1. 2005, 210:58. 2007, 372:4. 2008, 282:10, eff. Aug. 26, 2008.
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