Section 357-D:4 Procedure to Obtain Refund or Replacement.
I. After the third attempt at repair or correction of the nonconformity, defect or condition, or after the vehicle is out of service by reason of repair of one or more nonconformities, defects or conditions for a cumulative total of 30 or more business days as provided in this chapter, if the consumer shall notify the manufacturer and lessor in writing, on forms to be provided by the manufacturer along with a clear and conspicuous disclosure notice of the rights of the consumer under this chapter at the time the new motor vehicle is delivered, of the nonconformity, defect or condition and the consumer's election to proceed under this chapter. The forms shall be made available by the manufacturer to the New Hampshire new motor vehicle arbitration board, and any other public or nonprofit agencies that shall request them. Forms and notices shall be in a form prescribed by rule of the department of justice and shall not include window stickers. The consumer shall, in the notice, elect whether to use the dispute settlement mechanism or the arbitration provisions established by the manufacturer or to proceed under the New Hampshire new motor vehicle arbitration board as established under this chapter. The consumer's election of whether to proceed before the board or the manufacturer's dispute settlement mechanism shall preclude his recourse to the method not selected.
II. A consumer shall not pursue a remedy under this chapter if he has discontinued financing or lease payments, if the payments have been discontinued due to the manufacturer's breach of obligation under this chapter or due to a breach of the manufacturer's warranties.
III. A consumer who elects to proceed before the board shall pay a filing fee of $50 and the manufacturer shall pay a filing fee of $250. Such fees shall be retained by the department of safety and used to defray costs associated with the work of the board, including per diem costs of board members and any other administrative expenses.
IV. Arbitration of the consumer's complaint, either through the manufacturer's dispute settlement mechanism or the board, shall be held within 40 days of receipt by the manufacturer or the board and the manufacturer of the consumer's notice electing the remedy of arbitration unless the consumer or the manufacturer has good cause for an extension of time, not to exceed an additional 30-day period. If the extension of time is requested by the manufacturer, the manufacturer shall provide free use of a vehicle to the consumer if the consumer's vehicle is out of service. In the event the consumer elects to proceed in accordance with the manufacturer's dispute settlement mechanism and the arbitration of the dispute is not held within 40 days of the manufacturer's receipt of the consumer's notice and the manufacturer is not able to establish good cause for the delay, the consumer shall be entitled to receive the relief requested under this chapter.
V. Within the 40-day period set forth in paragraph IV, the manufacturer shall have one final opportunity to correct and repair the defect which the consumer claims entitles him to a refund or replacement vehicle. If the consumer is satisfied with the corrective work done by the manufacturer or his delegate, the arbitration proceedings shall be terminated without prejudice to the consumer's right to request that arbitration be recommended as provided in RSA 357-D:11, I(b) if the repair proves unsatisfactory.
VI. The manufacturer shall refund the reasonable allowance provided for in RSA 357-D:3, V or IX, or make the replacement required by the board within 30 days of a decision of the board or within 15 days of final adjudication.
Source. 1991, 222:1. 1994, 220:3, eff. Jan. 1, 1995.