Indiana § 9-32-11-23 Remedy procedure requirements for a manufacturer or distributor;
compensation

Indiana Statutes

§ 9-32-11-23 — Remedy procedure requirements for a manufacturer or distributor; compensation

Indiana·Title 9 MOTOR VEHICLES·Art. 32 DEALER SERVICES·Ch. 11 Regulation of Vehicle Merchandising

(a)Except as otherwise provided in an agreement for reimbursement that provides for reimbursement in an amount that is equivalent to or greater than the amount set forth in subsection (b), a manufacturer or distributor shall provide a remedy procedure or parts to repair a new or used motor vehicle that is subject to a stop sale directive, if:

(1)the dealer has an active sales and service agreement with the manufacturer or distributor for the line make of the new or used motor vehicle subject to the stop sale directive; and

(2)the new or used motor vehicle subject to the stop sale directive is in the dealer's inventory at the time the stop sale directive is issued.

(b)If a manufacturer or distributor is required to provide a remedy under subsection (a) and does not provide a remedy or p

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(a) Except as otherwise provided in an
agreement for reimbursement that provides for reimbursement in an
amount that is equivalent to or greater than the amount set forth in
subsection (b), a manufacturer or distributor shall provide a remedy
procedure or parts to repair a new or used motor vehicle that is subject
to a stop sale directive, if:
(1) the dealer has an active sales and service agreement with the
manufacturer or distributor for the line make of the new or used
motor vehicle subject to the stop sale directive; and
(2) the new or used motor vehicle subject to the stop sale directive
is in the dealer's inventory at the time the stop sale directive is
issued.
(b) If a manufacturer or distributor is required to provide a remedy
under subsection (a) and does not provide a remedy or parts required
under subsection (a) for at least thirty (30) days after the stop sale
directive is issued, the manufacturer or distributor shall, upon
application of the dealer, pay or credit the dealer an amount equal to
one percent (1%) of the new motor vehicle price invoiced to the dealer
or one percent (1%) of the average wholesale value of the used motor
vehicle per month.
(c) A manufacturer or distributor may cease compensation under
subsection (b) on the date upon which of any of the following occurs:
(1) The stop sale directive is withdrawn.
(2) The manufacturer or distributor provides the dealer with a
remedy or parts under subsection (a).
(3) The dealer sells, trades, transfers, or otherwise disposes of the
new or used motor vehicle.
(d) This section does not require a manufacturer or distributor to
provide total compensation to a dealer that would exceed the total new
motor vehicle price invoiced to the dealer or average wholesale value
of the used motor vehicle.
(e) A manufacturer or distributor may compensate a dealer under a
recall compensation program an amount not less than an amount
described under this section if the dealer agrees to compensation under
the program.
(f) Any compensation provided to a dealer under this section is
exclusive and may not be combined with any other recall compensation
remedy under state or federal law.

Indiana § 9-32-11-23 (Remedy procedure requirements for a manufacturer or distributor; compensation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.