Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 301 - AUTOMOTIVE INDUSTRY TRADE PRACTICES › Section 301.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates otherwise:
Advertisement
-An oral, written or graphic
				  statement which offers for sale a particular motor vehicle or motor vehicle
				  goods and services or which indicates the availability of a motor vehicle or
				  motor vehicle goods and services, including a statement or representations made
				  in a newspaper, periodical, pamphlet, circular, other publication or on radio
				  or television; contained in a notice, handbill, sign, billboard, poster, bill,
				  catalog or letter; or printed on or contained in a tag or label which is
				  attached to merchandise.
Bona fide, substantial reduction
-A reduction
				  of at least 5.0% of the usual selling price.
Bureau
-The Bureau of Consumer Protection of
				  the Commonwealth.
Clear and conspicuous
-A statement,
				  representation or term differing from other statements, representations or
				  terms being made so as to be readily noticeable to the person to whom it is
				  being disclosed either by its size, sound, color, placement in the
				  advertisement or the like.
Dealer or motor vehicle dealer
-A person who
				  is engaged in the business of selling, offering for sale or negotiating the
				  retail sale of motor vehicles and including the officers, agents and employes
				  of the person and a combination or association of dealers; a person shall be
				  considered to be "in the business of selling" motor vehicles if that person
				  sells or negotiates the sale of five or more motor vehicles in a calendar year
				  or sells or negotiates the sale of a vehicle which is not owned by the person
				  or which is acquired for resale purposes.
Guarantee or guaranty
-A warranty.
Implied warranty
-A warranty which arises
				  under Commonwealth statute in the connection with the sale of goods and
				  services.
Manufacturer
-A person who does the
				  following:
(i) Engages in the business
				of manufacturing or assembling new and unused motor vehicles.
(ii) Engages in the business of importing new
				and unused motor vehicles into the United States.
(iii) Engages in the business of selling or
				distributing new and unused motor vehicles to motor vehicle dealers in this
				Commonwealth.
Motor vehicle
-A self-propelled, motorized
				  conveyance driven or drawn upon public roads, streets or highways which is
				  designed to transport not more than 15 persons.
Purchaser
-A person who has obtained
				  ownership of a motor vehicle by transfer or purchase or who has entered into an
				  agreement or contract for the purchase of a motor vehicle.
Rebuilt or remanufactured
-Disassembled and
				  reassembled with defective and worn parts replaced.
Reconditioned
-Repaired or restored to
				  working order.
Repair shop
-A person who, for compensation,
				  engages in the business of diagnosing or repairing malfunctions of or damage to
				  motor vehicles or who performs maintenance service on motor vehicles, including
				  but not limited to auto body shops and retail stores which offer automotive
				  services, motor vehicle dealers who provide or offer automotive repairs and
				  services, and businesses which specialize in automotive repairs and services
				  but excluding the Commonwealth and the United States Government and agencies,
				  departments and political divisions thereof and excluding an establishment
				  which repairs, services and maintains vehicles for the exclusive use of its
				  employes.
Used motor vehicle
-A motor vehicle which has
				  been sold, bargained, exchanged or given away; which has had title transferred
				  from the person who first acquired it from the manufacturer or dealer; or which
				  has an odometer reading of 500 miles or more, not including mileage incurred in
				  delivery from the manufacturer or in transporting the vehicle between dealers
				  for sale.
Usual selling price
-The price at which an
				  advertiser has sold or offered for sale the advertised vehicles or services, or
				  both, or their substantial equivalent for not less than 30 days during the
				  90-day period preceding the date of publication of an advertisement; if the
				  advertised vehicles or services, or both, or their substantial equivalent have
				  not been sold or offered for sale at one price for 30 days during the 90-day
				  period preceding the date of publication of an advertisement, then the lowest
				  price at which the goods and services have been sold or offered for sale during
				  the preceding 90 days shall be deemed the usual selling price.
Warranty
-Either of the following:
(i) An affirmation of fact or a promise made
				in connection with the sale, repair or maintenance of a motor vehicle which
				relates to the nature of the goods or services and affirms or promises that the
				goods or services are defect-free or will meet a specified level of performance
				over a specified period of time.
(ii) An undertaking, affirmation or promise
				made in connection with the sale, repair or maintenance of a motor vehicle to
				refund, repair, replace or take other remedial action with respect to the goods
				or services, or both, in the event that the goods or services, or both, fail to
				meet the specifications set forth or implied under the circumstances
				surrounding the transaction.