Statute # 50-645 Motor vehicle warranties; definitions;
consumer rights and remedies; enforcement by attorney general.
(a) As used in this act:
(1) "Consumer" means the original purchaser or lessee, other
than for purposes of resale, of a motor vehicle; and
(2) "motor vehicle" means a new motor vehicle which is sold
or leased in this state, and which is registered for a gross weight
of 12,000 pounds or less, and does not include the customized
parts of motor vehicles which have been added or modified by second
stage manufacturers, first stage converters or second stage converters
as defined in K.S.A. 8-2401, and amendments thereto.
(b) If a motor vehicle does not conform to all applicable warranties,
and the consumer reports the nonconformity to the manufacturer,
its agent or its authorized dealer during the term of any warranties
or during the period of one 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
warranties, notwithstanding the fact that such repairs are made
after the expiration of any 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 warranty
after a reasonable number of attempts, the manufacturer shall replace
the motor vehicle with a comparable motor vehicle under warranty
or accept return of the vehicle from the consumer and refund to
the consumer the full purchase or lease price including all collateral
charges, less a reasonable allowance for the consumer's use of the
vehicle as calculated from the most recent edition of Your Driving
Costs, published by the American automobile association. 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 and any previous consumer
prior to the first 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 that:
(1) An alleged nonconformity does not substantially impair
such use and value; or
(2) a nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of a motor vehicle by a consumer.
(d) If the manufacturer receives actual notice of the nonconformity,
it shall be presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the applicable warranties,
if:
(1) The same nonconformity which substantially impairs the
use and value of the motor vehicle to the consumer has been subject
to repair four or more times by the manufacturer or its agents
or authorized dealers within the term of any warranty or during
the period of one 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;
(2) the vehicle is out of service by reason of repair for a
cumulative total of 30 or more calendar days during such term
or period, whichever is the earlier date; or
(3) there have been 10 or more attempts to repair any nonconformities
which substantially impair the use and value of the motor vehicle
to the consumer and such attempts to repair have been attempts
by the manufacturer or its agents or authorized dealers.
The term of any warranty, such one-year period and such thirty-day
period shall be extended by any period of time during which repair
services are not available to the consumer because of war, invasion,
strike, fire, flood or other natural disaster.
(e) 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) concerning refunds
or replacement shall not apply to any consumer who has not first
resorted to such procedure.
(f) The attorney general shall have jurisdiction to enforce this
section.
Statute # 50-646 Same; other remedies.
Nothing in this act shall in any way limit or affect the rights
or remedies which are otherwise available to a consumer under the
uniform consumer credit code, or to any person under the uniform
commercial code, or to any person under this or any other law statutory
or otherwise.
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