C.R.S. Section 6-1-1502
Definitions


As used in this part 15, unless the context otherwise requires:

(1)

[Editor’s note:
This version of subsection (1) is effective until January 1, 2024.]

(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)(a) of this section.

(1)

[Editor’s note:
This version of subsection (1) is effective January 1, 2024.]

(a)

“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)

[Editor’s note:
Subsection (1.3) is effective January 1, 2024.]

(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)

[Editor’s note:
Subsection (1.5) is effective January 1, 2024.]
“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)

[Editor’s note:
This version of subsection (2) is effective until January 1, 2024.]
“Documentation” means a manual; diagram, including a schematic diagram; reporting output; service code description; or similar type of information, whether in an electronic or tangible format, that a manufacturer provides to an authorized repair provider for purposes of assisting the authorized repair provider with services performed on the manufacturer’s equipment or a part.

(2)

[Editor’s note:
This version of subsection (2) is effective January 1, 2024.]
“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)

[Editor’s note:
Subsection (3.2) is effective January 1, 2024.]

(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)

[Editor’s note:
This version of subsection (4) is effective until January 1, 2024.]
“Equipment” means a powered wheelchair;

(4)

[Editor’s note:
This version of subsection (4) is effective January 1, 2024.]
“Equipment” means:

(a)

A powered wheelchair; or

(b)

Agricultural equipment.

(4.3)

[Editor’s note:
Subsection (4.3) is effective January 1, 2024.]
“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)

[Editor’s note:
This version of subsection (5)(a)(II) is effective until January 1, 2024.]
Costs considered under subsection (5)(a)(I) of this section must be calculated using net costs incurred, accounting for any discounts, rebates, or incentives offered.

(II)

[Editor’s note:
This version of subsection (5)(a)(II) is effective January 1, 2024.]
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)

[Editor’s note:
Subsection (5)(d) is effective January 1, 2024.]
“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)

[Editor’s note:
Subsection (5)(e) is effective January 1, 2024.]
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)

[Editor’s note:
This version of subsection (6) is effective until January 1, 2024.]
“Firmware” means a software program or set of instructions programmed on equipment or a part to allow the equipment or part to communicate with itself or with other computer hardware.

(6)

[Editor’s note:
This version of subsection (6) is effective January 1, 2024.]
“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)

Intentionally left blank —Ed.

(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).

Source: Section 6-1-1502 — Definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-06.­pdf (accessed Oct. 20, 2023).

6‑1‑101
Short title
6‑1‑102
Definitions
6‑1‑103
Attorney general and district attorneys concurrently responsible for enforcement
6‑1‑104
Cooperative reporting
6‑1‑105
Unfair or deceptive trade practices
6‑1‑106
Exclusions
6‑1‑107
Powers of attorney general and district attorneys
6‑1‑108
Subpoenas - hearings - rules
6‑1‑109
Remedies
6‑1‑110
Restraining orders - injunctions - assurances of discontinuance
6‑1‑111
Information and evidence confidential and inadmissible - when
6‑1‑112
Civil penalties
6‑1‑113
Civil actions - damages - other relief - class actions
6‑1‑114
Criminal penalties
6‑1‑115
Limitations
6‑1‑116
Investigation of unfair business practices by regulated persons - district attorney requests for records from licensing authorities - interagency agreements with attorney general - legislative declaration - definitions
6‑1‑201
Definitions
6‑1‑202
Prohibited act
6‑1‑203
Collision damage waiver form - requirements - failure to comply
6‑1‑204
Prohibited exclusion
6‑1‑205
Information to be disclosed in advertisements for rental agreements for rental motor vehicles
6‑1‑206
Additional mandatory charges - required disclosures - definitions
6‑1‑207
Adaptive equipment in rental motor vehicles - requirements - failure to comply - legislative declaration - definitions
6‑1‑301
Legislative declaration
6‑1‑302
Definitions
6‑1‑303
Registration of commercial telephone sellers
6‑1‑304
Unlawful telemarketing practices
6‑1‑305
Penalties
6‑1‑401
Legislative intent
6‑1‑402
Definitions
6‑1‑403
Express warranty required - authorized servicers
6‑1‑404
Remedies
6‑1‑405
Remedies for consumers of purchased wheelchairs - conditions
6‑1‑406
Remedies for consumers of leased wheelchairs - conditions
6‑1‑407
Resale of a returned wheelchair - disclosure required
6‑1‑408
Other remedies - waiver of rights void
6‑1‑409
Fraudulent acts
6‑1‑410
Arbitration
6‑1‑411
Defect notification
6‑1‑412
Disclosures
6‑1‑501
Definitions
6‑1‑502
Express warranty required - authorized servicers
6‑1‑503
Remedies
6‑1‑504
Remedies for consumers of purchased facilitative devices - conditions
6‑1‑505
Remedies for consumers of leased facilitative devices - conditions
6‑1‑506
Resale of a returned facilitative device - disclosure required
6‑1‑507
Other remedies - waiver of rights void - limitation of coverage
6‑1‑508
Fraudulent acts
6‑1‑509
Arbitration
6‑1‑510
Defect notification
6‑1‑511
Disclosures
6‑1‑701
Dispensing hearing aids - deceptive trade practices - definitions
6‑1‑702
Unsolicited facsimiles - deceptive trade practice - definitions
6‑1‑702.5
Commercial electronic mail messages - deceptive trade practice - remedies - definitions - short title - legislative declaration
6‑1‑703
Time shares and resale time shares - deceptive trade practices
6‑1‑703.5
Time share resale transfer agreements - deceptive trade practices
6‑1‑704
Health clubs - deceptive trade practices
6‑1‑705
Dance studios - deceptive trade practices
6‑1‑706
Buyers’ clubs - deceptive trade practices
6‑1‑707
Use of title or degree - deceptive trade practice
6‑1‑708
Vehicle sales and leases - deceptive trade practice - definition
6‑1‑709
Sales of manufactured and tiny homes - deceptive trade practices
6‑1‑710
Trafficking of false airbag - deceptive trade practices - criminal liability - definitions
6‑1‑711
Restrictions on credit card receipts - legislative declaration - application - definitions
6‑1‑712
Discount health plan and cards - deceptive trade practices - definitions
6‑1‑713
Disposal of personal identifying information - policy - definitions
6‑1‑713.5
Protection of personal identifying information - definition
6‑1‑714
Unfair drug pricing practice - deceptive trade practice - definitions
6‑1‑715
Confidentiality of social security numbers
6‑1‑716
Notification of security breach
6‑1‑717
Influencing a real estate appraisal - deceptive trade practice
6‑1‑718
Ticket sales and resales - prohibitions - unlawful conditions - definitions
6‑1‑719
Truth in music advertising
6‑1‑720
Online event ticket sales - deceptive trade practice - definitions
6‑1‑721
Like-kind exchanges by exchange facilitators - deceptive trade practice - definitions
6‑1‑722
Gift certificates - validity - exemptions - definitions
6‑1‑723
Cathinone bath salts - deceptive trade practice
6‑1‑724
Unlicensed alternative health-care practitioners - deceptive trade practices - short title - legislative declaration - definitions
6‑1‑725
Synthetic cannabinoids - incense - deceptive trade practice
6‑1‑726
Sale of public services - deceptive trade practice - definition
6‑1‑727
Immigration-related services provided by nonattorneys - deceptive trade practice - definitions
6‑1‑728
Solicitation of fee for a deed or deed of trust - definitions
6‑1‑729
Assisted living residence referral - disclosures - penalty - fine - definitions
6‑1‑730
Price gouging during declared disaster prohibited - deceptive trade practice - legislative declaration - definitions
6‑1‑731
Contracts for dating services and online dating services - right of cancellation - remedy for violations - required notice regarding fraud bans - definitions
6‑1‑732
Automatic renewal contracts - unlawful acts - required disclosures - right to cancel - trial period offers - exemptions - definitions
6‑1‑733
Solicitations to file a secretary of state document or retrieve a copy of a public record for a fee - requirements - definition
6‑1‑734
Access to abortion services and emergency contraception - deceptive trade practice - definitions
6‑1‑801
Legislative finding, declaration, and intent
6‑1‑802
Definitions
6‑1‑803
Prohibited practices and required disclosures
6‑1‑804
Exemptions
6‑1‑901
Short title
6‑1‑902
Legislative declaration
6‑1‑903
Definitions
6‑1‑904
Unlawful to make telephone solicitations to subscribers on the Colorado no-call list - requirements for telephone solicitations generally
6‑1‑905
Establishment and operation of a Colorado no-call list
6‑1‑906
Enforcement - penalties - defenses
6‑1‑907
Acceptance of gifts, grants, and donations
6‑1‑908
Severability
6‑1‑1001
Restrictions on use of loan information for solicitations - definition
6‑1‑1101
Short title
6‑1‑1102
Legislative declaration
6‑1‑1103
Definitions
6‑1‑1104
Foreclosure consulting contract
6‑1‑1105
Right of cancellation
6‑1‑1106
Waiver of rights - void
6‑1‑1107
Prohibited acts
6‑1‑1108
Criminal penalties
6‑1‑1109
Unconscionability
6‑1‑1110
Language
6‑1‑1111
Written contract required
6‑1‑1112
Written contract - contents - notice
6‑1‑1113
Cancellation
6‑1‑1114
Notice of cancellation
6‑1‑1115
Options through reconveyances
6‑1‑1116
Waiver of rights - void
6‑1‑1117
Prohibited conduct
6‑1‑1118
Criminal penalties
6‑1‑1119
Unconscionability
6‑1‑1120
Language
6‑1‑1121
Short sales - subsequent purchaser - definition
6‑1‑1201
Short title
6‑1‑1202
Definitions
6‑1‑1203
Insurance coverage during car sharing period
6‑1‑1204
Notification of implications of lien
6‑1‑1205
Liability - exclusions for personal automobile liability insurance policy - indemnification
6‑1‑1206
Prohibition on exclusion of coverage for car sharing
6‑1‑1207
Record keeping
6‑1‑1208
Federal law - vicarious liability
6‑1‑1209
Insurable interest
6‑1‑1210
Required disclosures and notices
6‑1‑1211
Driver’s license verification and data retention
6‑1‑1212
Shared car equipment
6‑1‑1213
Safety recalls
6‑1‑1214
Enabling operation at airport
6‑1‑1301
Short title
6‑1‑1302
Legislative declaration
6‑1‑1303
Definitions
6‑1‑1304
Applicability of part
6‑1‑1305
Responsibility according to role
6‑1‑1306
Consumer personal data rights - repeal
6‑1‑1307
Processing de-identified data
6‑1‑1308
Duties of controllers
6‑1‑1309
Data protection assessments - attorney general access and evaluation - definition
6‑1‑1310
Liability
6‑1‑1311
Enforcement - penalties - repeal
6‑1‑1312
Preemption - local governments
6‑1‑1313
Rules - opt-out mechanism
6‑1‑1401
Definitions
6‑1‑1402
Disclosure of information by online marketplaces to inform consumers
6‑1‑1403
Enforcement
6‑1‑1404
Preemption
6‑1‑1501
Short title
6‑1‑1502
Definitions
6‑1‑1503
Powered wheelchair manufacturer obligations regarding services - exemptions
6‑1‑1504
Limitations
6‑1‑1505
Federal legislation on right to repair agricultural equipment - repeal - notice to revisor
Green check means up to date. Up to date

Current through Fall 2024

§ 6-1-1502’s source at colorado​.gov