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190A.090 Warrantor's prohibited actions.
(1)
(2)
As used in this section and KRS 190A.080:
(a) "Products" means new recreational vehicles or parts, accessories, or
components of new recreational vehicles; and
(b) "Warranted products" means products subject to a written warranty to the
consumer from a specific warrantor.
A warrantor shall not do any of the following:
(a) Fail to perform all of its warranty obligations with respect to a warranted
product;
(b) In any written notice of a factory campaign to recreational vehicle owners and
dealers, fail to include the expected date by which necessary parts and
equipment, including tires and chassis or chassis parts, if required, will be
available to the dealer to perform the factory campaign work. The warrantor
shall provide sufficient parts to the dealer to perform the factory campaign
work. If the number of parts provided to the dealer pursuant to this paragraph
exceeds the requirements of the dealer to perform the factory campaign work,
the dealer may return unused, undamaged parts to the warrantor for credit
after completion of the factory campaign;
(c) Subject to the provisions of KRS 190A.080, fail to compensate a dealer for
authorized repairs of warranted products damaged during the manufacturing
process or damaged while in transit to the dealer if the warrantor selected the
carrier;
(d) Fail to compensate a dealer for authorized warranty service under this section
in accordance with the applicable schedule of compensation provided to the
dealer pursuant to KRS 190A.080 if the warranty service is performed in a
timely and competent manner;
(e) Intentionally misrepresent in any way to a purchaser of a warranted product
that any warranty concerning the manufacture, performance, or design of the
warranted product is made by the dealer either as a warrantor or co-warrantor;
or
(f) Require a dealer to make warranties to customers in any manner related to the
manufacture of a warranted product.
Effective: January 1, 2015
History: Created 2014 Ky. Acts ch. 27, sec. 9, effective January 1, 2015.
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