2006 Code of Virginia § 29.1-801 - Definitions

29.1-801. Definitions.

Unless the context otherwise requires, the following words and terms for thepurpose of this chapter shall have the following meanings:

"Board" means the Board of Game and Inland Fisheries.

"Certificate of origin" means the document provided by the manufacturer ofa new watercraft, or its distributor, which is the only valid indication ofownership between the manufacturer, its distributor, its franchised newwatercraft dealers, and the original purchaser not for resale.

"Department" means the Department of Game and Inland Fisheries.

"Director" means the Director of the Department.

"Distributor" means a person who sells or distributes new watercraft,pursuant to a written agreement with the manufacturer, to new watercraftdealers in this Commonwealth.

"Distributor branch" means a branch office maintained by a distributor forthe sale of watercraft to watercraft dealers or for directing or supervising,in whole or in part, its representatives in this Commonwealth.

"Distributor representative" means a person employed by a distributor orwholesaler, or by a distributor branch, for the purpose of making orpromoting the sale of watercraft dealt in by it or for supervising orcontacting its dealers, prospective dealers, or representatives in thisCommonwealth.

"Established place of business" means a salesroom in a permanent enclosedbuilding or structure, either owned in fee or leased, at which a permanentbusiness of bartering, trading and selling of watercraft will be carried onas such in good faith and at which place of business shall be kept andmaintained the books, records and files necessary to conduct the business atsuch place. It shall not mean residences, tents, temporary stands or othertemporary quarters, nor permanent quarters occupied pursuant to any temporaryarrangement, devoted principally to the business of a watercraft dealer, asherein defined.

"Factory branch" means a branch office, maintained by a person for the saleof watercraft to distributors or for the sale of watercraft to watercraftdealers, or for directing or supervising, in whole or in part, itsrepresentatives in this Commonwealth.

"Factory representative" means a person employed by a person whomanufactures or assembles watercraft or by a factory branch for the purposeof making or promoting the sale of its watercraft or for supervising orcontacting its dealers, prospective dealers, or representatives in thisCommonwealth.

"Franchise" means a written contract or agreement between two or morepersons whereby one person, the franchisee, is granted the right to engage inthe business of offering, selling and servicing new watercraft manufacturedor distributed by the grantor of the right, the franchisor, and where theoperation of the franchisee's business is substantially associated with thefranchisor's trademark, trade name, advertising, or other commercial symboldesignating the franchisor, the watercraft or its manufacturer or distributor.

"Manufacturer" means a person engaged in the business of constructing orassembling new watercraft.

"New watercraft" means any watercraft which (i) has not been previouslysold except in good faith for the purpose of resale; (ii) has not been usedas a rental or demonstration watercraft, or for the personal and businesstransportation of the manufacturer or dealer or any of their employees, forany use other than the limited use necessary in testing the watercraft priorto delivery to a customer; (iii) is transferred by a certificate of origin;and (iv) has the manufacturer's certification that it conforms to allapplicable federal watercraft safety standards.

"New watercraft dealer" means a dealer in new watercraft or new and usedwatercraft.

"Person" means any natural person or individual, partnership, firm,association, corporation or other entity.

"Retail installment sale" means and includes every sale of one or morewatercraft to a buyer for his use and not for resale, in which the pricethereof is payable in one or more installments over a period of time and inwhich the seller has either retained title to the goods or has taken orretained a security interest in the goods under form of contract designatedeither as a conditional sale, bailment lease, chattel mortgage or otherwise.

"Sale at retail" or "retail sale" means the act or attempted act ofselling, bartering, exchanging, or otherwise disposing of a watercraft to abuyer for his personal use and not for resale.

"Sale at wholesale" or "wholesale" means a sale to watercraft dealers orwholesalers other than to consumers or a sale to one who intends to resell.

"Used watercraft" means any watercraft other than a new watercraft asdefined herein.

"Used watercraft dealer" means a dealer in used watercraft that does notdeal in new watercraft.

"Watercraft" means that as defined in 29.1-712 except that (i) UnitedStates naval watercraft; (ii) watercraft which have a valid marine documentissued by the United States Coast Guard, other than recreational watercraftunder seventy feet in length; and (iii) watercraft documented outside theUnited States shall not be included in such definition for purposes of thischapter.

"Watercraft dealer" means any person which:

1. For commission, money or other thing of value, buys, sells, exchanges,either outright or on conditional sale, bailment lease, chattel mortgage orotherwise howsoever, or arranges or offers or attempts to solicit ornegotiate on behalf of others a sale, purchase or exchange of an interest in,new watercraft or new and used watercraft or used watercraft alone whether ornot such watercraft are owned by such person; or

2. Is engaged, wholly or in part, in the business of selling new watercraftor new and used watercraft, or used watercraft only, whether or not suchwatercraft are owned by such person; or

3. Sells, offers to sell, displays or permits the display for sale, of two ormore watercraft, within any twelve consecutive months.

For the purpose of this chapter, the term "watercraft dealer" does notinclude:

1. Receivers, trustees, administrators, executors, guardians, conservators orother persons appointed by or acting under judgment or order of any court ortheir employees when engaged in the specific performance of their duties assuch employees; or

2. Public officers, their deputies, assistants or employees, while performingtheir official duties; or

3. Persons, other than corporations or other business entities primarilyengaged in the leasing or renting of watercraft to others, (i) when sellingor offering such watercraft for sale at retail, or (ii) disposing ofwatercraft acquired for their own use and actually so used, when the sameshall have been so acquired and used in good faith and not for the purpose ofavoiding the provisions of this chapter; or

4. Any corporation duly chartered or authorized to do a banking or trustbusiness under the authority of the laws of this Commonwealth, or the UnitedStates, which may have received title to a watercraft in the normal course ofits business by reason of a foreclosure, other taking, repossession orvoluntary reconveyance to said corporation arising or occurring as a resultof any loan secured by a lien on said watercraft; or

5. An employee of an organization arranging for the purchase or lease by theorganization of watercraft for use in the organization's business; or

6. Any person who permits the operation of a watercraft show or permits thedisplay of watercraft for sale by any watercraft dealer licensed under thischapter; or

7. An insurance company licensed or otherwise authorized to do business inthis Commonwealth that sells or disposes of watercraft under a contract withits insured and in the regular course of its business.

"Watercraft demonstrator" means any person who is employed or contracted bya watercraft dealer to demonstrate watercraft to prospective buyers.

"Watercraft salesman" or "salesman" means any person who is employed as asalesman by, or has an agreement with, a watercraft dealer to sell orexchange watercraft.

"Watercraft show" means a display of watercraft to the general public at alocation other than a dealer's location licensed under this chapter wheresuch watercraft may be offered for sale or exchange during or as part of thedisplay.

(1988, c. 592; 1989, c. 140; 1997, c. 801; 1998, c. 515.)