13-35-205.   Liability for damages to motor vehicles in transit -- Disclosure required.
     (1) (a) A franchisee is solely liable for damage to a new powersport vehicle after delivery by and acceptance from the carrier.
     (b) A delivery receipt or bill of lading, or similar document, signed by a franchisee is evidence of a franchisee's acceptance of a new powersport vehicle.
     (2) A franchisor is liable for all damage to a powersport vehicle before delivery to and acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier or transporter.
     (3) A franchisor shall disclose to the franchisee any repairs made prior to delivery, only if the cost of the repair exceeds 3% of the manufacturer's wholesale price, as measured by retail repair costs.
     (4) Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to a new powersport vehicle after delivery to the carrier or transporter if the franchisee selected:
     (a) the method and mode of transportation; and
     (b) the carrier or transporter.

Enacted by Chapter 234, 2002 General Session
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Last revised: Thursday, May 28, 2009