§ 23-112-313 — Warranty agreements - Definitions

Arkansas § 23-112-313

• Jurisdiction: Arkansas
• Title: 23

Text

(a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall properly fulfill any warranty or recall campaign agreements and adequately and fairly compensate each of its motor vehicle dealers for labor and parts. (b) The compensation shall not fail to include reasonable compensation for diagnostic work, repair service, labor, and parts. (c) (1) Time allowances for the diagnosis and performance of warranty or recall campaign work and service shall be reasonable and adequate for the work to be performed. (2) In the determination of what constitutes reasonable compensation for warranty or recall campaign work and service under this subsection subject to § 23-112-310(d)(1)(A) , the principal factor to be considered is the labor rate per hour or parts rate that is charged by the motor vehicle dealer to the motor vehicle dealer's retail customers, exclusive of routine maintenance performed on a vehicle. (3) The compensation of a motor vehicle dealer for warranty or recall campaign service and parts shall not be less than the rates charged by the motor vehicle dealer for like service to retail customers for nonwarranty service and repairs and parts, provided the rate is reasonable. (4) The motor vehicle dealer shall calculate the labor rate by dividing the amount of the motor vehicle dealer's total labor sales from any qualified repair orders by the total labor hours that generated the labor charges in the qualified repair orders. (5) The motor vehicle dealer shall calculate the rate for parts by: (A) Determining the total charges for parts from the qualified repair orders submitted; and (B) Dividing the total charges under subdivision (c)(5)(A) of this section by the motor vehicle dealer's total cost of the purchase of those parts, subtracting one (1), and multiplying by one hundred (100) to produce a percentage. (6) (A) As used in this section, "qualified repair order" means a customer pay repair order paid by a retail customer, exclusive of routine maintenance performed on the vehicle. (B) Qualified repair orders used to calculate the labor rate and rate for parts under this section shall be qualified repair orders from the lesser of a: (i) Reasonable look-back period not to exceed one hundred (100) sequential customer pay repair orders with repair dates covering repairs made no more than one hundred eighty (180) days before the submission of the qualified repair order request; or (ii) Ninety-day look-back period with repair dates covering repairs made no more than one hundred eighty (180) days before the submission of the qualified repair order. (C) (i) No repair order shall be excluded from the markup computation solely because it contains repairs using nonoriginal equipment manufacturer parts. (ii) However, only the portion of the repair order that uses original equipment manufacturer parts shall be included in the computation of the motor vehicle dealer's rate for parts. (7) For the purposes of this section, a motor vehicle dealer shall submit a written request to be compensated under this section. (d) (1) (A) The pricing for a recalled part shall not be reduced to an amount that is less than the original dealer cost or price for the same part unless the manufacturer obtains a discounted rate for the recalled part from a supplier. (B) A recalled part is considered the same part if it is substantially the same part regardless of the part number. (2) A part-by-part analysis is not required to determine the retail rate for parts. (3) The parts mark-up shall not be substituted for a handling allowance or similar pricing amount that results in the reduction of compensation for the dealer. (e) (1) All claims under this section, either original or resubmitted, made by motor vehicle dealers for the labor and parts shall be either approved or disapproved within thirty (30) days following their approval or disapproval. (2) (A) (i) The motor vehicle dealer who submits a claim which is disapproved shall be notified in writing of the disapproval within the same period, and the notice shall state the specific grounds upon which the disapproval is based. (ii) The motor vehicle dealer may correct and resubmit the disapproved claims within thirty (30) days of receipt of disapproval. (B) Any claims not specifically disapproved in writing within thirty (30) days from their submission shall be deemed approved, and payment shall follow within thirty (30) days. (3) (A) A claim shall not be disapproved because a clerical error was made that does not render the amount of the claim incorrect, including without limitation clerical errors that occur as a result of a manufacturer or distributor's prior approval process. (B) However, a dealer may contest the disapproval through the manufacturer's appeals process. (4) (A) The manufacturer or franchiser may: (i) Require documentation for claims; (ii) Audit the claims within a one-year period from the date the claim was paid or credit issued by the manufacturer or franchiser; and (iii) Charge back any false or unsubstantiated claims. (B) The audit and charge-back provisions of this subsection also apply to all other incentive and reimbursement programs for a period of twelve (12) months after the date of the transactions that are subject to audit by the franchiser. (C) However, the manufacturer retains the right to charge back any fraudulent claim if the manufacturer establishes in a court of competent jurisdiction in this state that the claim is fraudulent within a period not to exceed two (2) years from the date of the claim in question. (D) (i) A dealer may file an appeal with the Arkansas Motor Vehicle Commission to protest any chargeback under this subdivision (e)(4) within ninety (90) days of notification by the manufacturer or distributor. (ii) If a dealer files an appeal of the chargeback with the commission, the manufacturer or distributor shall not levy the chargeback until the appeal is resolved. The commission shall hold a hearing on the matter no later than one hundred twenty (120) days from the time the appeal is filed unless all parties have otherwise agreed to settle the matter. (iii) An appeal by the licensee under this subdivision (e)(4)(D) shall be in accordance with § 23-112-501 et seq. (f) As used in this section, "routine maintenance" means motor vehicle upkeep not covered under the manufacturer's warranty, including without limitation tire rotations and the replacement of: (1) Tires; (2) Fluids; (3) Filters; (4) Batteries, other than electric vehicle or hybrid vehicle propulsion batteries; (5) Belts; (6) Windshield wipers; and (7) Brake pads. (g) A manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall compensate a motor vehicle dealer that provides assistance requested by a customer whose motor vehicle was subjected to an over-the-air or remote change, repair, or update to any part, system, accessory, or function by the motor vehicle manufacturer or distributor and performed at the motor vehicle dealer's location or other manufacturer-authorized repair location of the motor vehicle dealer.

Legislative History

Amended by Act 2023, No. 515,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 515,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1077,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 1077,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 924,§ 3, eff. 7/24/2019. Amended by Act 2015, No. 1055,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 1055,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 1043,§ 5, eff. 1/1/2014. Acts 1997, No. 1154, § 2; 1999, No. 1042, § 7; 2007, No. 746, §§ 1, 2; 2009, No. 756, § 12; 2011, No. 1005, § 9.