10 §1164. Affirmative defense

Title 10: COMMERCE AND TRADE

Part 3: REGULATION OF TRADE

Chapter 203-A: MANUFACTURER WARRANTIES ON MOTOR VEHICLES HEADING: PL 2003, C. 337, §1 (RPR)

§1164. Affirmative defense

It is an affirmative defense to any claim under this chapter that: [1983, c. 145, (NEW).]

1. Lack of impairment. An alleged nonconformity does not substantially impair the use, safety or value of the motor vehicle; or

[ 1985, c. 220, §4 (AMD) .]

2. Abuse. A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by anyone other than the manufacturer, its agents or authorized dealers since delivery to the consumer.

[ 1983, c. 145, (NEW) .]

SECTION HISTORY

1983, c. 145, (NEW). 1985, c. 220, §4 (AMD).