385.421. Warranty to contain cancellation terms and conditions--written notice of cancellation required.
Warranty to contain cancellation terms and conditions--written noticeof cancellation required.
385.421. 1. No vehicle protection product may be sold or offered forsale in this state unless the vehicle protection product warranty statesthe terms and conditions governing the cancellation of the sale andwarranty, if any.
2. The warrantor may only cancel the warranty if the warranty holderdoes any of the following:
(1) Fails to pay for the vehicle protection product;
(2) Makes a material misrepresentation to the seller or warrantor;
(3) Commits fraud; or
(4) Substantially breaches the warranty holder's duties under thewarranty.
3. A warrantor canceling a warranty shall mail written notice ofcancellation to the warranty holder at the last known address of thewarranty holder in the warrantor's records at least thirty days prior tothe effective date of the cancellation. The notice shall state theeffective date of the cancellation and the reason for the cancellation.
(L. 2008 S.B. 930 & 947)Effective 1-01-09