§ 6-1-1504 — Limitations

Colorado § 6-1-1504

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Colorado Consumer Protection Act

Text

(1) Subject to subsection (2) of this section, nothing in
this part 15:

(a) Alters the terms of any contract or other arrangement in force between
an original equipment manufacturer and an authorized repair provider, including the
performance or provision of warranty or recall repair work and any exclusivity or
noncompete clause in a contract;

(a.5) Authorizes an independent repair provider or owner to:

(I) Make any modification to agricultural equipment that deactivates a safety
notification system, except as necessary to provide services;

(II) Access any function of a tool that enables the independent repair
provider or owner to change the settings for a piece of agricultural equipment in a
manner that brings the equipment out of compliance with any applicable federal,
state, or local safety or emissions law, except as necessary to provide services;

(III) Evade emissions, copyright, trademark, or patent laws; or

(IV) Engage in any other illegal equipment modification activities;

(b) Requires a manufacturer to provide an independent repair provider or
owner access to information, other than documentation, that the manufacturer
provides to an authorized repair provider pursuant to a contract or other
arrangement with the authorized repair provider except as necessary to comply
with section 6-1-1503 (1); or

(c) Exempts a manufacturer from a products liability claim that is otherwise
authorized in law.

(2) (a) With respect to a contract or other arrangement, or renewal of a
contract or existing arrangement, that an original equipment manufacturer enters
into after January 1, 2023, any contract term, provision, agreement, or language in
the contract or arrangement that waives, avoids, restricts, or limits the
manufacturer's obligations under this part 15 is void and unenforceable.

(b) If an agricultural equipment manufacturer enters into, or is covered
under, a nationwide memorandum of understanding regarding a right to repair
agricultural equipment, the memorandum of understanding governs an owner's
right to provide services, or to engage the services of an independent repair
provider, for that manufacturer's brand of agricultural equipment; except that, if
compliance with the memorandum of understanding would deny the owner any
rights afforded to the owner in this part 15, including any rights to documentation,
data, tools, or embedded software for agricultural equipment necessary for the
diagnosis, maintenance, or repair of the owner's agricultural equipment, the owner
is entitled to the documentation, data, tools, or embedded software for agricultural
equipment in accordance with this part 15. An agricultural equipment manufacturer
that enters into a memorandum of understanding is still obligated to meet the
requirements established in this part 15.

Legislative History

Source: L. 2022: Entire part added, (HB 22-1031), ch. 327, p. 2311, � 2, effective January 1, 2023. L. 2023: (1)(a.5) added and (2) amended, (HB 23-1011), ch. 107, p. 387, � 4, effective January 1, 2024.