2015 Kentucky Revised Statutes CHAPTER 190A - RECREATIONAL VEHICLE SALES 190A.120 Conditions applicable to new recreational vehicle damaged prior to delivery to dealer or in transit to dealer -- Inspection and rejection of recreational vehicles that are damaged or have unreasonable odometer mileage.
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190A.120 Conditions applicable to new recreational vehicle damaged prior to
delivery to dealer or in transit to dealer -- Inspection and rejection of
recreational vehicles that are damaged or have unreasonable odometer
mileage.
(1)
(2)
(3)
All of the following conditions apply if a new recreational vehicle is damaged
before it is shipped to a dealer, or is damaged in transit to the dealer and the
manufacturer selected the carrier or means of transportation:
(a) The dealer shall notify the manufacturer of the damage within the time period
specified in the dealer agreement and do one (1) of the following:
1.
In the notice, request authorization from the manufacturer to replace the
components, parts, and accessories damaged, or otherwise correct the
damage; or
2.
Reject the recreational vehicle within the time period specified in the
dealer agreement;
(b) If the manufacturer refuses or fails to authorize repair of the damage within
ten (10) days after receiving notice under paragraph (a) of this subsection or if
the dealer rejects the recreational vehicle because of the damage within the
time period specified in the dealer agreement, ownership of the recreational
vehicle reverts to the manufacturer; and
(c) The dealer shall exercise due care in the custody of the damaged recreational
vehicle; provided, the dealer shall have no financial or other obligation with
respect to that recreational vehicle.
A dealer agreement shall include a time period for inspection and rejection of
damaged recreational vehicles under subsection (1) of this section that is not less
than two (2) business days after the physical delivery of the recreational vehicles to
the dealer.
If the number of miles on the odometer of the recreational vehicle is more than the
sum of the distance between the dealer and the factory of the manufacturer or point
of distribution plus one hundred (100) miles, the dealer may consider the number of
miles on the odometer unreasonable for purposes of this subsection. If a dealer
determines that a new recreational vehicle has an unreasonable number of miles on
the odometer at the time the recreational vehicle is delivered to the dealer, the dealer
may reject the recreational vehicle and the ownership of the recreational vehicle
shall revert to the manufacturer.
Effective: January 1, 2015
History: Created 2014 Ky. Acts ch. 27, sec. 12, effective January 1, 2015.
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