A presumption that a reasonable number of attempts have been made to conform a motor vehicle under an applicable express warranty is established if:
(1) the same nonconformity has been subject to repair three or more times by the manufacturer, distributor, dealer, or repairing agent during the term of the express warranty or the one-year period after delivery of the motor vehicle to the original owner, whichever period terminates first, but the nonconformity continues to exist; or
(2) the vehicle is out of service for repair for a total of 30 or more business days during the express warranty term or the one-year period referred to in (1) of this section, whichever period terminates first; any period of time that repairs are not performed for reasons that are beyond the control of the manufacturer, distributor, dealer, or repairing agent is excluded from the 30-day time period referred to in this paragraph.
Section: Previous 45.45.300 45.45.305 45.45.310 45.45.315 45.45.320 45.45.325 45.45.330 45.45.335 45.45.340 45.45.345 45.45.350 45.45.355 45.45.360 NextLast modified: November 15, 2016