2005 Maine Code - §1439 — Warranty

      1. Parts or labor; satisfaction of warranty. If a manufacturer requires or permits a recreational vehicle dealer to perform labor or provide parts in satisfaction of a warranty created by the manufacturer, the manufacturer shall properly and promptly fulfill its warranty obligations and:
   
A. Reimburse the dealer for any parts provided to satisfy the warranty at the dealer's cost of those parts plus a markup of 20%; and [1997, c. 427, §2 (new).]    
B. Reimburse the dealer for any labor performed at the retail rate customarily charged by that dealer for the same labor when not performed in satisfaction of a warranty as long as the dealer's rate for labor not performed in satisfaction of a warranty is routinely posted in a place conspicuous to its service customer. [1997, c. 427, §2 (new).] [1997, c. 427, §2 (new).]
      2. Claim. Any claim made by a dealer for compensation for parts provided or for reimbursement for labor performed in satisfaction of a warranty must be paid within 30 days of its approval. All the claims must be either approved or disapproved within 30 days of their receipt. When any claim is disapproved, the dealer that submitted the claim must be notified in writing of the claim's disapproval within that 30-day period with the specific reasons for its disapproval.[1997, c. 427, §2 (new).]
      3. Audits. The manufacturer is permitted to audit claims within a 2-year period from the date the claim was paid or credit issued by the manufacturer and to charge back any false or unsubstantiated claims. If there is evidence of fraud, this subsection does not limit the right of the manufacturer to audit for longer periods and charge back for any fraudulent claim.[1997, c. 427, §2 (new).]
      4. Restrictions prohibited. A manufacturer may not, by agreement, by restriction upon reimbursement or otherwise, restrict the nature or extent of labor performed or parts provided if the restriction impairs the dealer's ability to satisfy a warranty created by the manufacturer by performing labor in a professional manner or by providing parts required in accordance with generally accepted standards.[1997, c. 427, §2 (new).]
      5. Costs; fees. In any claim that is disapproved by the manufacturer and in which the dealer brings legal action to collect the disapproved claim and is successful in the action, the court shall award the dealer the cost of the action together with reasonable attorney's fees. If the manufacturer is successful in the action, the court shall award the manufacturer the cost of the action together with reasonable attorney's fees, but not to exceed the amount expended by the dealer in bringing the action. Reasonable attorney's fees are determined by the value of the time reasonably expended by the attorney and not by the amount of the recovery on behalf of, or sought by, the dealer.[1997, c. 427, §2 (new).]
      6. Motor homes. For the purposes of this section only, a manufacturer of motor homes, as defined in Title 29-A, section 101, subsection 40, shall reimburse a dealer of motor homes for parts of systems, appliances, furnishings, accessories and fixtures of a motor home that are designed, used and maintained primarily for nonvehicular residential purposes.[1997, c. 427, §2 (new).]

Section History:

PL 1997,  Ch. 427,   §2 (NEW).