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37 Pa. Code § 301.1. Definitions.

§ 301.1. Definitions.

 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.

Notes of Decisions

   When automobile had been damaged, repaired and repainted, the court held that the automobile was ‘‘reconditioned’’ and not ‘‘new.’’ Pirozzi v. Penske Olds-Cadillac-GMC, Inc., 605 A.2d 373 (Pa. Super. 1992); appeal denied 616 A.2d 985 (Pa. 1992).

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