50-645. Motor vehicle warranties; definitions; consumer rights and remedies; enforcement by attorney general.
50-645
50-645. Motor vehicle warranties; definitions; consumer rights andremedies; enforcement by attorney general.(a) As used in this act:
(1) "Consumer" means the original purchaser or lessee, other than forpurposes of resale, of a motor vehicle; and
(2) "motor vehicle" means a new motor vehicle which is sold or leased inthisstate, and which is registered for a gross weight of 12,000 pounds or less,and does not include the customized parts of motor vehicles which have beenadded or modified by second stage manufacturers, first stage converters orsecond stage converters as defined in K.S.A. 8-2401, and amendmentsthereto.
(b) If a motor vehicle does not conform to all applicable warranties,and the consumer reports the nonconformity to the manufacturer, its agentor its authorized dealer during the term of any warranties or during theperiod of one year following the date of original delivery of the motorvehicle to a consumer, whichever is the earlier date, the manufacturer, itsagent or its authorized dealer shall make such repairs as are necessary toconform the vehicle to such warranties, notwithstanding the fact that suchrepairs are made after the expiration of any such term or such one-year period.
(c) If the manufacturer, or its agents or authorized dealers, are unableto conform the motor vehicle to any applicable warranty after a reasonablenumberof attempts, the manufacturer shall replace the motor vehicle with a comparablemotor vehicle under warranty or accept return of the vehicle from the consumerand refund to the consumer the full purchase or lease price including allcollateralcharges, less a reasonable allowance for the consumer's use of the vehicleas calculated from the most recent edition of Your Driving Costs,published by the American automobile association. Refundsshall be made to the consumer, and lienholder if any, as their interestsmay appear. A reasonable allowance for use shall be that amount directlyattributable to use by the consumer and any previous consumer prior to thefirst report of the nonconformity to the manufacturer, agent or dealer andduring any subsequent period when the vehicle is not out of service by reasonof repair. It shall be an affirmative defense to any claim under this actthat:
(1) An alleged nonconformity does not substantially impair such useand value; or
(2) a nonconformity is the result of abuse,neglect orunauthorized modifications or alterations of a motor vehicle by a consumer.
(d) If the manufacturer receives actual notice of the nonconformity, itshall be presumed that a reasonable number of attempts have been undertakento conform a motor vehicle to the applicable warranties, if:
(1) The same nonconformity which substantially impairs the use and value ofthemotor vehicle to the consumer has been subject to repair four or more times bythe manufacturer or its agents or authorized dealers within theterm of any warranty or during the period of one year following the date oforiginaldelivery of the motor vehicle to a consumer, whichever is the earlier date,but such nonconformity continues to exist;
(2) the vehicle is out ofserviceby reason of repair for a cumulative total of 30 or more calendar days duringsuchterm or period, whichever is the earlier date; or
(3) there have been 10 ormore attempts to repair any nonconformities which substantially impair theuse and value of the motor vehicle to the consumer and such attempts torepair have been attempts by the manufacturer or its agents or authorizeddealers.
The termof any warranty, such one-year period and such thirty-day periodshall be extended by any period of time during which repair services arenot available to the consumer because of war, invasion, strike, fire, floodor other natural disaster.
(e) If a manufacturer has established an informal dispute settlementprocedurewhich complies in all respects with the provisions of title 16, code offederal regulations, part 703, as from time to time amended, the provisionsof subsection (c) concerning refunds or replacement shall not apply toany consumer who has not first resorted to such procedure.
(f) The attorney general shall have jurisdiction to enforce this section.
History: L. 1985, ch. 39, § 1; L. 1989, ch. 160, § 1;L. 1996, ch. 50, § 1; July 1.