As used in this chapter:

1. (1) a. “All-terrain vehicle” or “ATV” means a motorized “off-highway vehicle” or “OHV” designed to travel on 4 low-pressure tires, with a seat straddled by the operator and handlebars for steering control. For purposes of this definition, the term “ATV” includes motorized golf carts and go-karts that are not registered for on-road use or that are operated off-road.

   1. b. “ATV” does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law-enforcement purposes, a construction or logging vehicle used in the performance of its common function, an electric personal assistive mobility device, or a registered aircraft.
2. (2) “Area of sales responsibility” means the geographical area, agreed to by the new recreational equipment dealer and the manufacturer in the manufacturer-dealer agreement, within which the new recreational equipment dealer has the exclusive right to display or sell the manufacturer’s new recreational equipment of a particular line-make to the retail public.
3. (3) “Distributor” means a person, firm, corporation, or business entity that purchases new recreational equipment from a manufacturer for resale to new recreational equipment dealers.
4. (4) “Factory campaign” means an effort on the part of a warrantor to contact new recreational equipment owners or new recreational equipment dealers in order to address a part or equipment issue.
5. (5) “Family member” means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof.

6. (6) “Line-make” means a specific series of new recreational equipment that meets all of the following:

   1. a. Are identified by a common series trade name or trademark
   2. b. Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range.
   3. c. Have lengths and interior floor plans that distinguish the new recreational equipment from other new recreational equipment with substantially the same decor, equipment, features, price, and weight.
   4. d. Belong to a single, distinct classification of new recreational equipment types having a substantial degree of commonality in the construction of the chassis, frame, and body.
   5. e. The manufacturer-dealer agreement authorizes a new recreational equipment dealer to sell.
7. (7) “Manufacturer” means a person, firm, corporation, or business entity that engages in the manufacturing of new recreational equipment.
8. (8) “Manufacturer-dealer agreement” means a written agreement or contract entered into between a manufacturer and a new recreational equipment dealer that fixes the rights and responsibilities of the parties and pursuant to which the new recreational equipment dealer sells new recreational equipment.
9. (9) “New recreational equipment” means a motorized vessel, ATV, OHV, SSV, cargo trailer, or vessel trailer which has not been titled.
10. (10) “New recreational equipment dealer” means a person, firm, corporation, or business entity who is engaged in the business of buying, selling, or exchanging new recreational equipment.

11. (11) a. “Off-highway vehicle” or “OHV” means a motor driven off-road vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland or other natural terrain. “OHV” includes a multi-wheel drive or low-pressure tire vehicle, an amphibious machine, a ground effect air-cushion vehicle, or other means of transportation deriving motive power from a source other than muscle or wind.

    1. b. “OHV” does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction or logging vehicle used in performance of its common function, electric bicycle, electric personal assistive mobility device, or a registered aircraft.
12. (12) “Proprietary part” means any part manufactured by or for, and sold exclusively by, the manufacturer.
13. (13) “Side-by-side vehicle” or “SxS” or “SSV” means a utility vehicle with a minimum of 2 seats positioned side-by-side and enclosed within a roll cage structure. A side-by-side vehicle has a minimum of 4 wheels or continuous tracks and is operated by foot controls and a steering wheel. Depending on use and application, a side-by-side vehicle may also be called a utility task vehicle, utility terrain vehicle (UTV), recreational off-highway vehicle (ROV), or multipurpose off-highway utility vehicle (MOHUV).
14. (14) “Supplier” means any person, firm, corporation, or business entity that engages in the manufacturing of new recreational equipment parts, accessories, or components.
15. (15) “Transient customer” means a customer who is temporarily traveling through a new recreational equipment dealer’s area of sales responsibility.
16. (16) “Vessel” means any watercraft or artificial contrivance used for transportation on water.
17. (17) “Warrantor” means any person, firm, corporation, or business entity, including any manufacturer or supplier that provides a written warranty to the consumer in connection with a piece of new recreational equipment, or parts, accessories, or components thereof. The term “warrantor” does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a new recreational equipment dealer or other person not controlled by a manufacturer.

85 Del. Laws, c. 437, § 1