Section 260.1053

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 2008   

  *260.1053.  Definitions. — As used in sections 260.1050 to 260.1101, the following terms mean:

  (1)  "Brand", the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product;

  (2)  "Computer materials", a desktop or notebook computer and includes a computer monitor or other display device that does not contain a tuner;

  (3)  "Consumer",  an individual who uses equipment that is purchased primarily for personal or home business use;

  (4)  "Department", department of natural resources;

  (5)  "Equipment", computer materials;

  (6)  "Manufacturer", a person:

  (a)  Who manufactures or manufactured equipment under a brand that:

  a.  The person owns or owned; or

  b.  The person is or was licensed to use, other than under a license to manufacture equipment for delivery exclusively to or at the order of the licensor;

  (b)  Who sells or sold equipment manufactured by others under a brand that:

  a.  The person owns or owned; or

  b.  The person is or was licensed to use, other than under a license to manufacture equipment for delivery exclusively to or at the order of the licensor;

  (c)  Who manufactures or manufactured equipment without affixing a brand;

  (d)  Who manufactures or manufactured equipment to which the person affixes or affixed a brand that:

  a.  The person does not or has not owned; or

  b.  The person is not or was not licensed to use; or

  (e)  Who imports or imported equipment manufactured outside the United States into the United States unless at the time of importation the company or licensee that sells or sold the equipment to the importer has or had assets or a presence in the United States sufficient to be considered the manufacturer.

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(L. 2008 S.B. 720)

*Contingent expiration date, see § 260.1092