Section 257.101. Definitions.

(1) The terms and definitions used in the act have the same meaning given therein when used in these rules.

(2)   "Act" means Act No. 300 of the Public Acts of 1974, as amended, being S257.1301 et seq. of the Michigan Compiled Laws.

(3)    "Advertise" means to advise, announce, apprise, command, give notice of, inform, make known, or publish any material which calls  to  the attention of the public the availability of parts and services.

(4)    "Contract" means  a written  or  oral  agreement,   understanding, arrangement or similar circumstances whereby a person agrees that another person perform work, labor,  diagnosis,   repair,   reconditioning, replacement, adjustment, or alteration, directly or   indirectly,   upon   a motor vehicle.

(5)    "Customer" means a person who inquires about, makes a request for, or purchases parts or services from a motor vehicle repair facility or one who seeks repairs or services under the terms of a warranty.

(6)   "Estimate" means a written statement  itemizing  as  closely  as possible the price for labor, by showing both the labor price and the number of hours required to perform the   work, and the  price  of  parts necessary for a specific repair.

(7)     "Facility" means a place of business  operated  by  an  association, incorporated or unincorporated, or natural person or other legal entity, required to be registered under the act, which performs services for compensation directly or indirectly, with regard to motor vehicle repairs.

(8)   "Lien" means a charge, security, or incumbrance upon a motor vehicle, including where the law itself, without the stipulation of the parties, raises an implication or legal consequence from  the   relation  of the parties or the circumstances of their dealings.

(9)   "Material fact" means a fact which is used by a person as a premise upon which a conclusion is based.

(10)      "Person" means a natural person, corporation, trust,  partnership, incorporated or unincorporated association, or other legal  entity, including a motor vehicle repair facility.

(11)     "Repair"   means  the    reconditioning,   adjustment,    alteration, maintenance, or diagnosis of the operating condition of a motor vehicle, with or without the replacement of any component or subassembly of a motor vehicle, for compensation or under the terms of a warranty.

(12)   "Representation" means a statement made by a facility to a customer in regard to some past, present, or future fact, circumstance, or set of facts pertinent to the contract.

(13)  "Warranty" means a guarantee given by a motor vehicle repair facility, in writing or by implication, of the merchantability, the integrity of the subject of a contract or of  the   maker's  responsibility for the replacement or repair of defective parts  or  services,  or   both, assuring performance, product, or conditions as promised or declared.

History: 1979 AC.