§15-901. Motor
vehicles - Repairing under warranty.
A. As used in this act:
1. "Consumer"
means the purchaser, other than
for purposes of resale, of a motor
vehicle, any person to whom such
motor vehicle is transferred during
the duration of an express warranty
applicable to such motor vehicle,
and any other person entitled by
the terms of such warranty to enforce
the obligations of the warranty;
and
2."Motor vehicle" means
any motor-driven vehicle required
to be registered under the Motor
Vehicle License and Registration
Act, Sections 22 et seq. of Title
47 of the Oklahoma Statutes, excluding
vehicles above ten thousand (10,000)
pounds gross vehicle weight and
the living facilities of motor homes.
B. For the purposes of this act,
if a new motor vehicle does not
conform to all applicable express
warranties, and the consumer reports
the nonconformity, directly in writing,
to the manufacturer, its agent or
its authorized dealer during the
term of such express warranties
or during the period of one (1)
year following the date of original
delivery of the motor vehicle to
a consumer, whichever is the earlier
date, the manufacturer, its agent
or its authorized dealer shall make
such repairs as are necessary to
conform the vehicle to such express
warranties, notwithstanding the
fact that such repairs are made
after the expiration of such term
or such one-year period.
C. If the manufacturer, or its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the full purchase price including all taxes, license, registration fees and all similar governmental fees, excluding interest, less a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and lienholder if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair. It shall be an affirmative defense to any claim under this act (1) that an alleged nonconformity does not substantially impair such use and value or (2) that a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle. In no event shall the presumption described in this subsection apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to cure the defect alleged.
D. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if (1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers within the express warranty term or during the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but such nonconformity continues to exist or (2) the vehicle is out of service by reason of repair for a cumulative total of forty-five (45) or more calendar days during such term or during such period, whichever is the earlier date. The term of an express warranty, such one-year period and such forty-five-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.
E. Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
F. If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of Title 16, Code of Federal Regulations, Part 703, as from time to time amended, the provisions of subsection C of this section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.
Added by Laws 1985, c. 279, § 1, eff. Nov. 1, 1985
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