36-85.25 - Warranty service.
§ 36-85.25. Warranty service.
When a service agreement exists between or among a manufacturer, dealer, andsupplier to provide warranty service, the agreement shall specify which suchresponsible party is to remedy warranty defects. Every such serviceagreement shall be in writing. Nothing contained in such an agreement shallrelieve the responsible party, as provided in this chapter, of responsibilityto perform warranty service. However, any responsible party undertaking suchan agreement to perform the warranty service obligations of another shallthereby become responsible both to that other responsible party and to thebuyer for his failure to adequately perform as agreed.
When no service agreement exists for warranty service, the responsible partyas designated by the provisions of this chapter is responsible for remedyingthe warranty defects.
A defect shall be remedied within forty-five days of receipt of the writtennotification of the warranty claim, unless the claim is unreasonable or abona fide reason exists for not remedying the defect within theforty-five-day period. The responsible party shall respond to the claimantin writing with a copy to the Board stating what further action iscontemplated by the responsible party. Notwithstanding the foregoingprovisions of this section, defects which constitute an imminent safetyhazard to life and health shall be remedied within three days of receipt ofthe written notification of the warranty claim. An imminent safety hazard tolife and health shall include but not be limited to (i) inadequate heating infreezing weather; (ii) failure of sanitary facilities; (iii) electrical shockor leaking gas; or (iv) major structural failure. The Board may suspend thisthree-day time period in the event of widespread defects or damage resultingfrom adverse weather conditions or other natural catastrophes.
When the person remedying the defect is not the responsible party asdesignated by the provisions of this chapter, he shall be entitled toreasonable compensation paid to him by the responsible party. Conduct whichcoerces or requires a nonresponsible party to perform warranty service is aviolation of this chapter.
Warranty service shall be performed at the site at which the manufacturedhome is initially delivered to the buyer, except for components which can beremoved for service without undue inconvenience to the buyer.
Any responsible party shall have the right to complain to the Board whenwarranty service obligations under this chapter are not being enforced.
(1991, c. 555; 1992, c. 223.)