warranties; duty to make warranty repairs.
As used in this section:
"Consumer" means any person:
Who purchases a motor vehicle, other than for purposes [purpose]
of resale, to which an express warranty applies; or
To whom a motor vehicle is transferred during the term of an
express warranty applicable to the motor vehicle; or
Entitled by the terms of an express warranty applicable to a
motor vehicle to enforce it.
"Motor vehicle" means every vehicle under ten thousand
(10,000) pounds unladen weight, sold or registered in the state,
which is self-propelled except vehicles moved solely by human
"Reasonable allowance for consumer's use" means an
amount directly attributable to use of the motor vehicle prior
to the first report of the nonconformity to the manufacturer,
agent or dealer and during any subsequent period when the motor
vehicle is not out of service due to repair;
"Manufacturers' express warranty or warranty" means
the written warranty, so labeled, of the manufacturer of a new
motor vehicle, including any terms or conditions precedent to
the enforcement of obligations under warranty.
If a new motor vehicle does not conform to all applicable
express warranties and the consumer reports the nonconformity to
the manufacturer, its agent or its authorized dealer within one
(1) year following the original delivery of the motor vehicle to
the consumer, the manufacturer, its agent or authorized dealer
shall make repairs necessary to conform the vehicle to the
express warranties. The necessary repairs shall be made even if
the one (1) year period has expired.
If the manufacturer, its agents or authorized dealers are unable
to conform the motor vehicle to any applicable express warranty
by repairing or correcting any defect or condition which
substantially impairs the use and fair market value of the motor
vehicle to the consumer after a reasonable number of attempts,
the manufacturer shall:
Replace the motor vehicle with a new or comparable motor vehicle
of the same type and similarly equipped; or
Accept return of the motor vehicle and refund to the consumer
and any lien holder as their interest may appear the full
purchase price including all collateral charges less a
reasonable allowance for consumer's use.
It is presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to express warranty if
within one (1) year following the original delivery of the motor
vehicle to the consumer, whichever is later:
The same nonconformity has been subject to repair more than
three (3) times by the manufacturer, its agents or its
authorized dealers and the same nonconformity continues to
The vehicle is out of service due to repair for a cumulative
total of thirty (30) business days.
Nothing in this section shall be construed to limit the rights
or remedies of a consumer under any other statute.
Subsection (c) of this section does not apply to any consumer
who has failed to exhaust his remedies under a manufacturer's
informal dispute settlement procedure if a procedure exists and
is in compliance with applicable federal statute and regulation.
It is an affirmative defense to any claim under this section
An alleged nonconformity does not substantially impair the use
and fair market value of the motor vehicle; or
A nonconformity is the result of abuse, neglect or unauthorized
modification or alteration of a motor vehicle by a consumer.
In no event shall the presumption herein provided in subsection
(d) of this section apply against a manufacturer unless the
manufacturer has received prior direct written notification from
or on behalf of the consumer and has had a reasonable
opportunity to cure the alleged defect.
Any consumer injured by a violation of this section may bring a
civil action to enforce this section and may recover reasonable
attorney's fees from the manufacturer who issued the express
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