407.1343. Damage to new RVs, written disclosure to dealer required, when--reversion of ownership to manufacturer or distributor, when.
Damage to new RVs, written disclosure to dealer required,when--reversion of ownership to manufacturer or distributor,when.
407.1343. 1. On any new RV, any uncorrected, significant damage orany corrected damage exceeding five hundred dollars or ten percent of thedealer's invoice, whichever is greater, must be disclosed to the dealer inwriting prior to delivery. The dealer is responsible for disclosing suchdamage to the consumer in writing and must obtain a written acknowledgmentof such damage from the consumer. A copy of the consumer's acknowledgmentmust be provided to the manufacturer. Factory or dealer repairs to glass,tires, wheels, bumpers, audio/video equipment, in-dash components,instrument panels, decorating items, appliances, furniture and componentsare excluded from disclosure when properly replaced by substantiallysimilar manufacturer's or distributor's original equipment, materials orparts.
2. Whenever a new RV is damaged prior to transit to the dealer, or isdamaged in transit to the dealer when the carrier or means oftransportation has been determined by the manufacturer, or distributor, thedealer shall:
(1) Notify the manufacturer or distributor of such damage by the nextbusiness day after the date of delivery of such new RVs to the new RVdealership or within such additional time as specified in the RVmanufacturer/dealer agreement; and
(2) Either:
(a) Request from the manufacturer or distributor authorization toreplace the components, parts and accessories damaged or otherwise correctthe damage; or
(b) Reject the vehicle by the next business day after delivery.
3. If the manufacturer or distributor refuses or fails to authorizerepair of such damage within ten days after receipt of notification, or ifthe dealer rejects the RV because of damage, ownership of the new RV shallrevert to the manufacturer or distributor. The* dealer will exercise duecare in custody, but the RV dealer shall have no other obligations,financial or otherwise, with respect to such RV.
(L. 2001 H.B. 575)Effective 8-01-02
*Word "The" does not appear in original rolls.