JurisdictionMaineTitle 10COMMERCE AND TRADE
Part 3REGULATION OF TRADE
Ch. 214-ARECREATIONAL VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS
This text of Maine § 10 §1439-A (Warranty) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Warranty obligations.
A warrantor shall:
2.Time allowances; reasonable compensation.
Time allowances set by the manufacturer for the diagnosis and performance of warranty labor must be reasonable for the work to be performed. In the determination of what constitutes reasonable compensation under this section, the principal factor to be given consideration is the actual retail labor rate being charged by the dealers in the community in which the dealer is doing business. The compensation of a dealer for warranty labor may not be less than the average retail labor rates actually charged by the dealer for like nonwarranty labor as long as those rates are reasonable.
3.Reimbursement for warranty parts.
A warrantor shall reimburse a dealer for warranty parts at actual wholesale cost plus a
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1.
Warranty obligations.
A warrantor shall:
2.
Time allowances; reasonable compensation.
Time allowances set by the manufacturer for the diagnosis and performance of warranty labor must be reasonable for the work to be performed. In the determination of what constitutes reasonable compensation under this section, the principal factor to be given consideration is the actual retail labor rate being charged by the dealers in the community in which the dealer is doing business. The compensation of a dealer for warranty labor may not be less than the average retail labor rates actually charged by the dealer for like nonwarranty labor as long as those rates are reasonable.
3.
Reimbursement for warranty parts.
A warrantor shall reimburse a dealer for warranty parts at actual wholesale cost plus a minimum 30% handling charge and the cost, if any, of freight to return warranty parts to the warrantor.
4.
Audits.
A warrantor may conduct warranty audits of dealer records on a reasonable basis, and dealer claims for warranty compensation may not be denied except for cause, such as performance of nonwarranty repairs, material noncompliance with the warrantor's published policies and procedures, lack of material documentation, fraud or misrepresentation.
5.
Claims.
A dealer shall submit warranty claims within 45 days after completing warranty service and repairs.
6.
Notice for inability to perform warranty repairs.
A dealer shall immediately notify the warrantor orally or in writing if the dealer is unable to perform any warranty repairs within 10 days of receipt of an oral or written complaint from a customer.
7.
Claims not approved.
A warrantor shall approve or disapprove a warranty claim in writing within 45 days after the date of submission by a dealer in the manner and form prescribed by the warrantor. Claims not specifically disapproved in writing within 45 days are deemed to be approved and must be paid within 60 days of submission.
8.
Duties of warrantor.
A warrantor:
9.
Duties of dealer.
A dealer:
10.
Manufacturer audit of claims.
A manufacturer is permitted to audit claims within an 18-month period from the date the claim was paid or credit issued by the manufacturer and to charge back any false or unsubstantiated claims. If there is evidence of fraud, this subsection does not limit the right of the manufacturer to audit for longer periods and charge back for any fraudulent claim.