§ 31-5.2-5 - Time allowed for correction of nonconformity.
SECTION 31-5.2-5
§ 31-5.2-5 Time allowed for correction ofnonconformity. – (a) A reasonable number of attempts shall be presumed to have been undertakento conform a motor vehicle to any applicable express or implied warranties if:
(1) The same nonconformity has been subject to repair four(4) or more times by the manufacturer or its agents or authorized dealers orlessors within the term of protection, but the nonconformity continues to existor the nonconformity has recurred within the term of protection, or
(2) The vehicle is out of service by reason of the repair ofany nonconformity for a cumulative total of thirty (30) or more calendar daysduring the term of protection; provided, however, that the manufacturer shallbe afforded one additional opportunity, not to exceed seven (7) calendar days,to cure any nonconformity arising during the term of protection,notwithstanding the fact that the additional opportunity to cure commencesafter the term of protection.
(b) The additional opportunity to cure shall commence on theday the manufacturer first knows or should have known that the limits specifiedin subsection (a)(1) or (a)(2) have been met or exceeded. The term ofprotection, the thirty (30) calendar day period specified in subsection (a)(2),and the additional opportunity to cure shall be extended by any period of timeduring which repair services are not available to the consumer or lessee as adirect result of a war, invasion, fire, flood or other natural disaster. Theterm of protection, the thirty (30) calendar day period and the additionalopportunity to cure shall also be extended by that period of time during whichrepair services are not available as a direct result of a strike. During astrike, however, the manufacturer, its agent, or its authorized dealer orlessor shall make provision for the free use of a vehicle of comparable yearand size by any consumer or lessee whose vehicle is out of service by reason ofrepair during a strike. The burden shall be on the manufacturer to show thatany event claimed as a reason for an extension under the provisions of thissection was the direct cause for the failure of the manufacturer, its agent orlessor, or its authorized dealer to cure any nonconformity during the time ofthat event. Extensions for concurrent events shall not be cumulative.