2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 15 - CONSUMER RIGHT TO REPAIR (§§ 6-1-1501 — 6-1-1505) › Section 6-1-1502 - [Effective Until 1/1/2026] Definitions

As used in this part 15, unless the context otherwise requires:
(1)
(a)
[Deleted by 2023 amendment.]
"Agricultural equipment" means equipment that is primarily designed for use in a farm or ranch operation.
(b)
"Agricultural equipment" includes:
i
A tractor, trailer, combine, sprayer, tillage implement, baler, and other equipment used to plant, cultivate, or harvest agricultural products or to ranch; and
ii
Attachments to and repair parts for equipment described in subsection (1)(b)(I) of this section.
(c)
"Agricultural equipment" does not include:
i
A self-propelled vehicle designed primarily for the transportation of individuals or property on a street or highway;
ii
A powersports vehicle as defined in section 44-20-402 (11);
iii
Any aircraft used in an agricultural aircraft operation, as defined in 14 CFR 137.3; or
iv
Any equipment designed and used primarily for irrigation purposes.
(1.3)
(a)
"Authorized repair provider" means a person that is unaffiliated with a manufacturer other than through an arrangement with the manufacturer, whether for a definite or an indefinite period, in which the manufacturer, for the purpose of offering to provide services to an equipment owner regarding the owner's equipment or a part, grants the person:
i
A license to use a trade name, service mark, or other proprietary identifier; or
ii
Authorization under any other arrangement to act on behalf of the manufacturer.
(b)
"Authorized repair provider" includes a manufacturer that offers to provide services to an owner of the manufacturer's equipment regarding the owner's equipment or a part if the manufacturer does not have an arrangement with an unaffiliated person, as described in subsection (1.3)(a) of this section.
(1.5)
"Data" means, with the consent of an owner, transmitted or compiled information arising from the operation of an owner's agricultural equipment or its parts.
(2)
"Documentation" means a manual; diagram, including a schematic diagram; reporting output; service code description; security code or password; or similar type of guidance or information, whether in an electronic or tangible format, that a manufacturer provides to an authorized repair provider to assist the authorized repair provider with services performed on the manufacturer's equipment or a part.
(3)
"Embedded software":
(a)
Means programmable instructions provided on firmware delivered with an electronic component of equipment or with any part for the purpose of restoring or improving operation of the equipment or part; and
(b)
Includes all relevant patches and fixes that the manufacturer makes to equipment or to any part for the purpose of restoring or improving the equipment or part.
(3.2)
(a)
"Embedded software for agricultural equipment" means any programmable instructions provided on firmware delivered with or loaded to the agricultural equipment, with respect to agricultural equipment operation.
(b)
"Embedded software for agricultural equipment" includes all relevant patches and fixes that the manufacturer makes, including, but not limited to, items described as "basic internal operating system", "internal operating system", "machine code", "assembly code", "root code", and "microcode".
(4)
"Equipment" means:
(a)
A powered wheelchair; or
(b)
Agricultural equipment.
(4.3)
"Equipment dealer" means any person, partnership, corporation, association, or other form of business enterprise that is primarily engaged in the retail sale of agricultural equipment.
(5)
(a)
(I)
"Fair and reasonable terms and costs", with respect to obtaining documentation, parts, embedded software, firmware, or tools from a manufacturer to provide services, means terms that are equivalent to the most favorable terms that the manufacturer offers to an authorized repair provider and costs that are no greater than the manufacturer's suggested retail price.
(ii)
Except as provided in subsection (5)(d) of this section, costs considered under subsection (5)(a)(I) of this section are calculated using net costs incurred, accounting for any discounts, rebates, or incentives offered.
(b)
With respect to documentation, "fair and reasonable terms and costs" means that the manufacturer provides the documentation, including any relevant updates to the documentation, at no charge; except that the manufacturer may charge a fee for a printed copy of the documentation if the amount of the fee covers only the manufacturer's actual cost to prepare and send the printed copy of the documentation.
(c)
With respect to tools that are software programs, "fair and reasonable terms and costs" means that the manufacturer provides the tools that are software programs:
(I)
At no charge and without requiring authorization or internet access or otherwise imposing impediments to access or use;
(II)
In the course of effectuating the diagnosis, maintenance, or repair and enabling the full functionality of the equipment or part; and
(III)
In a manner that does not impair the efficient and cost-effective performance of the equipment or part.
(d)
"Fair and reasonable terms and costs", with respect to parts for agricultural equipment, means that, notwithstanding subsection (5)(a)(I) of this section, parts shall be sold to an owner or an independent repair provider under equitable terms for access to or receipt of any part pertaining to agricultural equipment and in a manner that:
i
Is fair to both parties in light of any agreed-upon conditions, the promised quality, and the timeliness of the delivery; or
ii
Does not discourage or disincentivize repairs to be made by an owner or an independent repair provider.
(e)
Terms considered under this subsection (5) are fair if the terms do not impose on an owner or independent repair provider any:
i
Substantial obligation to use, or any restriction on the use of, A part, embedded software, embedded software for agricultural equipment, firmware, or tool, including a condition that the owner or independent repair provider become an authorized repair provider of the manufacturer; or
ii
Requirement that a part, embedded software, Embedded software for agricultural equipment, firmware, or tool be registered or paired with or approved by the manufacturer or an authorized repair provider before the part, embedded software, embedded software for Agricultural equipment, firmware, or tool is operational.
(6)
"Firmware" means a software program or set of instructions programmed on equipment or a part to allow the equipment or part to function or communicate with itself or with other computer hardware.
(7)
(a)
"Independent repair provider", except as otherwise provided in subsection (7)(b) of this section, means a person in the state that is:
(I)
Neither a manufacturer's authorized repair provider nor affiliated with a manufacturer's authorized repair provider; and
(II)
Engaged in offering or providing services.
(b)
"Independent repair provider" includes:
(I)
An authorized repair provider if the authorized repair provider is offering or providing services for a manufacturer other than a manufacturer with which the authorized repair provider has an arrangement described in subsection (1) of this section; and
(II)
A manufacturer with respect to offering or providing services for another manufacturer's equipment or part.
(8)
"Original equipment manufacturer" or "manufacturer" means a person doing business in the state and engaged in the business of selling, leasing, or otherwise supplying new equipment or parts manufactured by or on behalf of itself to any individual, business, or other entity.
(9)
"Owner" means a person that owns equipment or an agent of the owner.
(10)
"Part" means a new or used replacement part for equipment that a manufacturer offers for sale or otherwise makes available for the purpose of providing services.
(11)
"Powered wheelchair" means a motorized wheeled device designed for use by a person with a physical disability.
(12)
"Services" means diagnostic, maintenance, or repair services performed on equipment or a part.
(13)
"Tools" means any software program, hardware implement, or other apparatus used for diagnosis, maintenance, or repair of equipment or parts, including software or other mechanism that provides, programs, or pairs a new part; calibrates functionality; or performs any other function required to return the equipment or part to fully functional condition.
(14)
"Trade secret" has the meaning set forth in section
7-74-102(4)
.
Amended by 2023 Ch. 107,§ 2, eff. 1/1/2024.
Added by 2022 Ch. 327, § 2, eff. 1/1/2023.
2023 Ch. 107, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 327, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.