CHAPTER 6. SERVICE FOR AUDIO OR VISUAL ENTERTAINMENT PRODUCTS
IC 26-2-6
Chapter 6. Service for Audio or Visual Entertainment Products
IC 26-2-6-1
Definitions
Sec. 1. As used in this chapter:
"Adequate service information" means facts sufficient to enable
a service representative or independent service facility to repair a
product, including detailed schematic diagrams, operational voltages,
and parts identification.
"Audio or visual entertainment product" means an electronic
product that:
(1) generates electronic signals or uses amplification devices,
such as a radio, an item of audio playback or recording
equipment, a television, or a video playback or recording unit;
and
(2) is purchased by a consumer primarily for personal, family,
or household uses and not for business or agricultural uses.
"Authorized service representative" means until July 1, 1996, any
dealer of audio or visual entertainment products licensed under
IC 25-36-1 who has been designated by a manufacturer as one (1) of
the dealers who will be reimbursed for service or repairs that he may
render, including labor or parts, in connection with an express
warranty of the product made by the manufacturer.
"Independent service facility" means any dealer of audio or visual
entertainment products who:
(1) has not been designated an "authorized service
representative" by a manufacturer;
(2) services audio or visual entertainment products without
reimbursement from the manufacturer in connection with an
express warranty made by the manufacturer;
(3) until July 1, 1996, is licensed as a television and radio
service technician under IC 25-36-1.
As added by P.L.254-1983, SEC.2. Amended by P.L.234-1995,
SEC.29.
IC 26-2-6-2
Duty of manufacturer under express warranty
Sec. 2. A manufacturer who makes an express warranty in
connection with the sale of an audio or visual entertainment product
shall do the following:
(1) Authorize a representative within a designated service area
to provide any service or repair required under the terms of the
warranty.
(2) Reimburse the authorized service representative for any
service or repair, including labor and parts, made in connection
with the express warranty in an amount negotiated between the
manufacturer and the authorized service representative.
However, reimbursement or exchange for all parts used in such
warranty repairs shall include all transportation costs and a
reasonable fee for handling. The handling fee is to be negotiated
as part of the authorization proceedings.
(3) Except for audio or visual entertainment products having a
retail selling price less than fifty dollars ($50), make available
to service representatives or independent service facilities
adequate service information and replacement parts for the
audio or visual entertainment product for at least seven (7)
years after the date that product model or type was
manufactured, regardless of whether the product is still under
warranty.
(4) Make available any service part to service representatives or
independent service facilities within forty-five (45) days of
receipt of an order for that part, regardless of whether the
product is still under warranty; however, if a delay in providing
that part is caused by conditions beyond the control of the
manufacturer, the manufacturer shall provide the service
representative or independent service facility with a
replacement part promptly upon termination of the condition
causing the delay.
As added by P.L.254-1983, SEC.2.
IC 26-2-6-3
Timeliness of service or repair
Sec. 3. Whenever authorized service representatives or
independent service facilities undertake to service or repair an audio
or visual entertainment product, they shall do the following:
(1) Provide services or make repairs on the product within
forty-five (45) days of receipt of that product, regardless of
whether the product is covered by an express warranty; or
(2) Notify the consumer requesting the service or repair if a part
necessary to effect the repair or service is not immediately
available and order the necessary part, within fifteen (15) days
of receipt of the product; and
(3) Repair or service the product within thirty (30) days of
receipt of the ordered part, unless the consumer agrees
otherwise. However, if a delay in completing the requested
service or repair is caused by a condition beyond the control of
the authorized service representative or independent service
facility, the authorized service representative or independent
service facility shall repair or service the audio or visual
entertainment product upon termination of the condition
causing the delay.
As added by P.L.254-1983, SEC.2.
IC 26-2-6-4
Actions by consumers to recover damages
Sec. 4. A consumer may bring an action on his own behalf to
recover damages resulting from a violation of this chapter. In
addition to any other remedies available to the consumer, the court
may:
(1) order replacement of the audio or visual entertainment
product, the cost of which is to be borne by the manufacturer,
manufacturer's agent or importer; or
(2) order damages in an amount equal to three (3) times the
damages sustained due to the violation, plus reasonable
attorney's fees.
As added by P.L.254-1983, SEC.2.
IC 26-2-6-5
Injunctive relief
Sec. 5. (a) The attorney general may bring an action on behalf of
the state to obtain an injunction to enjoin noncompliance with this
chapter. In this action the court may:
(1) order replacement of the audio or visual entertainment
product, the cost of which is to be borne by the manufacturer,
manufacturer's agent or importer;
(2) order a person who violates section 2 or section 3 of this
chapter to pay restitution to the aggrieved party; or
(3) void or limit the application of:
(A) contracts; or
(B) contract clauses;
that are in conflict with this chapter.
(b) The court issuing an injunction under this chapter shall retain
jurisdiction and the cause shall be continued.
As added by P.L.254-1983, SEC.2.
IC 26-2-6-6
Violations; action for recovery of penalties
Sec. 6. (a) A person who knowingly violates this chapter commits
a Class C infraction. Each violation of this chapter constitutes a
separate infraction.
(b) In addition to any other available legal remedy, a person who
violates the terms of an injunction issued under section 5 of this
chapter commits a Class A infraction. Each violation of the terms of
an injunction issued under section 5 of this chapter constitutes a
separate infraction. Whenever the court determines that the terms of
an injunction issued under section 5 of this chapter have been
violated, the court shall award reasonable costs to the state.
(c) Notwithstanding IC 34-28-5-1(b), the prosecuting attorney or
the attorney general in the name of the state may bring an action to
petition for the recovery of the penalties outlined in this section.
As added by P.L.254-1983, SEC.2. Amended by P.L.1-1998,
SEC.137; P.L.101-2009, SEC.15.
IC 26-2-6-7
Actions by service representatives or facilities to recover for
violations
Sec. 7. An authorized service representative or independent
service facility may bring an action on his own behalf to recover for
a violation of this chapter, and, in addition to other remedies, may
obtain damages in an amount equal to three (3) times the damages
sustained due to the violation, plus reasonable attorney fees.
As added by P.L.254-1983, SEC.2.