(a)As used in this section:
(i)"Consumer" means any person:
(A)Who purchases a motor vehicle, other than
for the purpose of resale, to which an express warranty applies;
or
(B)To whom a motor vehicle is transferred
during the term of an express warranty applicable to the motor
vehicle; or
(C)Entitled by the terms of an express warranty
applicable to a motor vehicle to enforce it.
(ii)"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 power;
(iii)"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 subse
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(a) As used in this section:
(i) "Consumer" means any person:
(A) Who purchases a motor vehicle, other than
for the purpose of resale, to which an express warranty applies;
or
(B) To whom a motor vehicle is transferred
during the term of an express warranty applicable to the motor
vehicle; or
(C) Entitled by the terms of an express warranty
applicable to a motor vehicle to enforce it.
(ii) "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 power;
(iii) "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;
(iv) "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.
(b) 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.
(c) 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:
(i) Replace the motor vehicle with a new or
comparable motor vehicle of the same type and similarly
equipped; or
(ii) Accept return of the motor vehicle and refund to
the consumer and any lienholder as their interest may appear the
full purchase price including all collateral charges less a
reasonable allowance for consumer's use.
(d) 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:
(i) 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
exist; or
(ii) The vehicle is out of service due to repair for
a cumulative total of thirty (30) business days.
(e) Nothing in this section shall be construed to limit
the rights or remedies of a consumer under any other statute.
(f) 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.
(g) It is an affirmative defense to any claim under this
section that:
(i) An alleged nonconformity does not substantially
impair the use and fair market value of the motor vehicle; or
(ii) A nonconformity is the result of abuse, neglect
or unauthorized modification or alteration of a motor vehicle by
a consumer.
(h) 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.
(j) Any period of time provided in subsection (d) of this
section shall be extended by any period of time during which the
vehicle could not reasonably be repaired due to war, invasion,
act of terror, civil unrest, strike, fire, flood or natural
disaster.
(k) 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 warranty.