36-85.24 - Presenting claims for warranties and defects.
§ 36-85.24. Presenting claims for warranties and defects.
Whenever a claim for a warranty service or about a defect is made to aregulant, it shall be handled as provided by this chapter. A record shall bemade of the name and address of each claimant and the date, substance, anddisposition of each claim about a defect. The regulant may request that aclaim be made in writing, but nevertheless shall record it as provided above,and may not delay service pending receipt of the written claim.
When the regulant notified is not the responsible party, he shall, inwriting, immediately notify the claimant of that fact, and shall also, inwriting, immediately notify the responsible party of the claim. When aresponsible party is asked to remedy defects, such party may not fail toremedy those defects because another responsible party may also beresponsible. Nothing herein shall prevent a responsible party from obtainingcompensation by way of contribution or subrogation from another responsibleparty in accordance with any other provision of law or contract.
Within the time limits provided in this chapter, the regulant shall eitherresolve the claim or determine that it is not justified. At any time aregulant determines that a claim for service is not justified in whole orpart, he shall immediately notify the claimant in writing that the claim orpart of the claim is rejected and why, and shall inform the claimant that heis entitled to complain to the Board. The complete mailing address of theBoard shall be provided in the notice. Within five working days of receiptof a complaint, the Board shall send a complete copy thereof to the Director.
(1991, c. 555; 1992, c. 223.)