(a) A rebuttable presumption of a reasonable number of attempts to repair is considered to have been undertaken to correct a nonconformity if:
(1) The nonconformity has been subject to repair as provided in ยง 4-90-406(a), but the nonconformity continues to exist;
(2) The vehicle is out of service by reason of repair, or attempt to repair, any nonconformity for a cumulative total of thirty (30) calendar days; or
(3) There have been five (5) or more attempts on separate occasions to repair any nonconformities that together substantially impair the use and value of the motor vehicle to the consumer.
(b) (1) The thirty (30) calendar days in subdivision (a)(2) of this section shall be extended by any period of time during which repair services are not available as a direct result of war, invasion, strike, fire, flood, or natural disaster.
(2) The manufacturer, its agent, or authorized dealer shall provide or make provisions for the free use of a vehicle to any consumer whose vehicle is out of service beyond thirty (30) days by reason of delayed repair as a direct result of war, invasion, strike, fire, flood, or natural disaster.
(c) The burden is on the manufacturer to show that the reason for an extension under subsection (b) of this section was the direct cause for the failure of the manufacturer, its agent, or authorized dealer to cure any nonconformity during the time of the event.
Section: Previous 4-90-403 4-90-404 4-90-405 4-90-406 4-90-407 4-90-408 4-90-409 4-90-410 4-90-411 4-90-412 4-90-413 4-90-414 4-90-415 4-90-416 4-90-417 NextLast modified: November 15, 2016