198-A - Warranties.

§ 198-a. Warranties. (a) As used in this section:    (1)  "Consumer"  means the purchaser, lessee or transferee, other than  for purposes of resale, of a motor vehicle which is used  primarily  for  personal,  family or household purposes and any other person entitled by  the terms of the manufacturer's warranty to enforce the  obligations  of  such warranty;    (2) "Motor vehicle" means a motor vehicle excluding off-road vehicles,  which  was  subject  to a manufacturer's express warranty at the time of  original delivery and either (i) was purchased, leased or transferred in  this state within either the first eighteen thousand miles of  operation  or  two  years from the date of original delivery, whichever is earlier,  or (ii) is registered in this state;    (3) "Manufacturer's express warranty" or "warranty" means the  written  warranty,  so  labeled,  of  the  manufacturer  of  a new motor vehicle,  including any terms  or  conditions  precedent  to  the  enforcement  of  obligations under that warranty.    (4)  "Mileage  deduction formula" means the mileage which is in excess  of twelve thousand miles times the purchase price, or the lease price if  applicable, of the vehicle divided by one hundred thousand miles.    (5) "Lessee" means any consumer who leases a motor vehicle pursuant to  a written lease agreement which provides that the lessee is  responsible  for repairs to such motor vehicle.    (6) "Lease price" means the aggregate of:    (i) the lessor's actual purchase cost;    (ii) the freight cost, if applicable;    (iii) the cost for accessories, if applicable;    (iv) any fee paid to another to obtain the lease; and    (v)  an  amount  equal to five percent of the lessor's actual purchase  cost as prescribed in subparagraph (i) of this paragraph.    (7) "Service fees" means the portion of a lease  payment  attributable  to:  (i) an amount for earned interest calculated on the rental payments  previously  paid  to the lessor for the leased vehicle at an annual rate  equal to two points above the prime rate in effect on the  date  of  the  execution of the lease; and    (ii)  any  insurance  or  other  costs  expended by the lessor for the  benefit of the lessee.    (8) "Capitalized cost" means the aggregate deposit and rental payments  previously paid to the lessor for the leased vehicle less service fees.    (b) (1) If a new motor vehicle which is sold and  registered  in  this  state  does  not  conform  to  all  express  warranties during the first  eighteen thousand miles of operation or during the period of  two  years  following  the  date  of  original delivery of the motor vehicle to such  consumer, whichever is the earlier date, the consumer shall during  such  period   report   the   nonconformity,   defect   or  condition  to  the  manufacturer, its agent or its authorized dealer. If the notification is  received by the manufacturer's agent or authorized dealer, the agent  or  dealer  shall  within  seven  days forward written notice thereof to the  manufacturer by certified mail,  return  receipt  requested,  and  shall  include  in  such  notice  a  statement  indicating  whether or not such  repairs have  been  undertaken.  The  manufacturer,  its  agent  or  its  authorized  dealer shall correct said nonconformity, defect or condition  at no charge to the consumer, notwithstanding the fact that such repairs  are made after the expiration of such period of operation  or  such  two  year period.    (2)  If  a  manufacturer's  agent  or  authorized  dealer  refuses  to  undertake repairs within seven days  of  receipt  of  the  notice  by  a  consumer  of  a nonconformity, defect or condition pursuant to paragraph  one of this subdivision, the consumer may  immediately  forward  writtennotice  of  such  refusal  to the manufacturer by certified mail, return  receipt requested.  The manufacturer or its authorized agent shall  have  twenty  days  from  receipt  of  such notice of refusal to commence such  repairs.  If  within  such  twenty  day  period, the manufacturer or its  authorized agent fails to commence such repairs,  the  manufacturer,  at  the  option  of  the  consumer,  shall  replace the motor vehicle with a  comparable motor vehicle, or accept  return  of  the  vehicle  from  the  consumer  and  refund  to  the  consumer  the full purchase price or, if  applicable, the lease price and any trade-in  allowance  plus  fees  and  charges.  Such  fees and charges shall include but not be limited to all  license fees, registration fees and any  similar  governmental  charges,  less an allowance for the consumer's use of the vehicle in excess of the  first  twelve  thousand  miles  of  operation  pursuant  to  the mileage  deduction formula defined in paragraph four of subdivision (a)  of  this  section,  and  a reasonable allowance for any damage not attributable to  normal wear or improvements.    (c) (1) If, within the period specified in  subdivision  (b)  of  this  section, the manufacturer or its agents or authorized dealers are unable  to repair or correct any defect or condition which substantially impairs  the value of the motor vehicle to the consumer after a reasonable number  of  attempts,  the  manufacturer,  at  the option of the consumer, shall  replace the motor vehicle with a comparable  motor  vehicle,  or  accept  return  of  the vehicle from the consumer and refund to the consumer the  full purchase price or, if applicable, the lease price and any  trade-in  allowance  plus  fees and charges. Any return of a motor vehicle may, at  the option of the consumer, be made to the dealer  or  other  authorized  agent  of  the  manufacturer who sold such vehicle to the consumer or to  the dealer or other authorized agent who attempted to repair or  correct  the  defect  or condition which necessitated the return and shall not be  subject to any further shipping charges. Such  fees  and  charges  shall  include  but  not  be limited to all license fees, registration fees and  any similar governmental charges, less an allowance for  the  consumer's  use  of  the  vehicle  in  excess  of the first twelve thousand miles of  operation pursuant to the mileage deduction formula defined in paragraph  four of subdivision (a) of this section, and a reasonable allowance  for  any damage not attributable to normal wear or improvements.    (2)  A  manufacturer which accepts return of the motor vehicle because  the motor vehicle does not conform to  its  warranty  shall  notify  the  commissioner  of the department of motor vehicles that the motor vehicle  was returned to the manufacturer for nonconformity to its  warranty  and  shall  disclose,  in  accordance  with  the  provisions  of section four  hundred seventeen-a of the vehicle  and  traffic  law  prior  to  resale  either  at  wholesale  or retail, that it was previously returned to the  manufacturer for nonconformity to its warranty. Refunds shall be made to  the consumer and lienholder, if any, as their interests  may  appear  on  the  records  of  ownership  kept  by  the department of motor vehicles.  Refunds shall be accompanied by the proper  application  for  credit  or  refund  of state and local sales taxes as published by the department of  taxation and finance and by a notice that the  sales  tax  paid  on  the  purchase  price,  lease  price  or  portion  thereof  being  refunded is  refundable by the commissioner of taxation  and  finance  in  accordance  with  the  provisions  of  subdivision  (f)  of  section  eleven hundred  thirty-nine of the tax law. If applicable, refunds shall be made to  the  lessor  and  lessee  as  their  interests  may  appear on the records of  ownership kept by the department of  motor  vehicles,  as  follows:  the  lessee  shall  receive the capitalized cost and the lessor shall receive  the  lease  price  less  the  aggregate  deposit  and  rental   payments  previously  paid  to the lessor for the leased vehicle. The terms of thelease shall be deemed terminated contemporaneously with the date of  the  arbitrator's  decision  and  award  and no penalty for early termination  shall be assessed as a result thereof. Refunds shall be  accompanied  by  the  proper  application  form  for  credit or refund of state and local  sales tax as published by the department of taxation and finance  and  a  notice  that  the  sales  tax paid on the lease price or portion thereof  being refunded is refundable by the commissioner of taxation and finance  in accordance with the provisions of subdivision (f) of  section  eleven  hundred thirty-nine of the tax law.    (3) It shall be an affirmative defense to any claim under this section  that:    (i)  the  nonconformity,  defect  or  condition does not substantially  impair such value; or    (ii) the nonconformity, defect or condition is the  result  of  abuse,  neglect  or  unauthorized  modifications  or  alterations  of  the motor  vehicle.    (d) It shall be presumed that a reasonable  number  of  attempts  have  been  undertaken  to  conform  a motor vehicle to the applicable express  warranties, if:    (1) the same nonconformity, defect or condition has  been  subject  to  repair  four  or  more  times  by  the  manufacturer  or  its  agents or  authorized dealers within the first eighteen thousand miles of operation  or during the period  of  two  years  following  the  date  of  original  delivery  of  the  motor vehicle to a consumer, whichever is the earlier  date, but such nonconformity, defect or condition continues to exist; or    (2) the vehicle is out of service by reason of repair of one  or  more  nonconformities,  defects or conditions for a cumulative total of thirty  or more calendar days during either period,  whichever  is  the  earlier  date.    (e)  The term of an express warranty, the two year warranty period and  the thirty day out of service period  shall  be  extended  by  any  time  during  which  repair services are not available to the consumer because  of a war, invasion or strike, fire, flood or other natural disaster.    (f) Nothing in this section shall in  any  way  limit  the  rights  or  remedies  which  are  otherwise  available to a consumer under any other  law.    (g) If a manufacturer has established an informal  dispute  settlement  mechanism,  such  mechanism  shall  comply  in  all  respects  with  the  provisions of this section and the provisions of subdivision (c) of this  section concerning  refunds  or  replacement  shall  not  apply  to  any  consumer who has not first resorted to such mechanism. In the event that  an  arbitrator  in such an informal dispute mechanism awards a refund or  replacement vehicle, he or she shall not reduce the award to  an  amount  less  than the full purchase price or the lease price, if applicable, or  a vehicle of equal value, plus all fees and charges except to the extent  such reductions are specifically permitted under subdivision (c) of this  section.    (h) A manufacturer shall have up to thirty  days  from  the  date  the  consumer  notifies  the  manufacturer  of  his  or her acceptance of the  arbitrator's decision to comply with the terms of that decision. Failure  to comply with the thirty day limitation shall also entitle the consumer  to recover a fee  of  twenty-five  dollars  for  each  business  day  of  noncompliance  up  to  five  hundred  dollars.  Provided,  however, that  nothing contained in this subdivision shall impose any  liability  on  a  manufacturer  where a delay beyond the thirty day period is attributable  to a consumer who has requested a replacement vehicle built to order  or  with  options  that  are not comparable to the vehicle being replaced or  otherwise made compliance impossible within said  period.  In  no  eventshall  a  consumer  who  has  resorted to an informal dispute settlement  mechanism be precluded from seeking the rights or remedies available  by  law.    (i) Any agreement entered into by a consumer for the purchase of a new  motor  vehicle which waives, limits or disclaims the rights set forth in  this section shall be void as contrary to  public  policy.  Said  rights  shall inure to a subsequent transferee of such motor vehicle.    Any  provision  of  any  agreement  entered into by a consumer for the  purchase of a new motor vehicle which includes as an additional cost for  such motor vehicle an expense identified as being  for  the  purpose  of  affording  such  consumer his or her rights under this section, shall be  void as contrary to public policy.    (j) Any action brought pursuant to this  section  shall  be  commenced  within  four years of the date of original delivery of the motor vehicle  to the consumer.    (k) Each consumer shall have the  option  of  submitting  any  dispute  arising  under  this section upon the payment of a prescribed filing fee  to  an  alternate  arbitration   mechanism   established   pursuant   to  regulations  promulgated  hereunder  by  the  New  York  state  attorney  general. Upon application of the consumer and payment of the filing fee,  all manufacturers shall submit to such alternate arbitration.    Such alternate  arbitration  shall  be  conducted  by  a  professional  arbitrator  or  arbitration  firm  appointed  by  and  under regulations  established by the New York state attorney general. Such mechanism shall  insure the personal objectivity of its arbitrators and the right of each  party to present its case, to be in attendance during  any  presentation  made by the other party and to rebut or refute such presentation. In all  other  respects,  such alternate arbitration mechanism shall be governed  by article seventy-five of the civil practice law and  rules;  provided,  however,  that  notwithstanding  paragraph  (i)  of  subdivision  (a) of  section seventy-five hundred two of the civil practice  law  and  rules,  special  proceedings  brought  before  a  court pursuant to such article  seventy-five in relation to an arbitration hereunder  shall  be  brought  only  in  the county where the consumer resides or where the arbitration  was held or is pending.    (l) A court may award  reasonable  attorney's  fees  to  a  prevailing  plaintiff  or  to  a  consumer  who  prevails  in any judicial action or  proceeding arising out of an arbitration  proceeding  held  pursuant  to  subdivision  (k) of this section. In the event a prevailing plaintiff is  required to retain the services of an attorney to enforce collection  of  an  award granted pursuant to this section, the court may assess against  the manufacturer reasonable attorney's fees  for  services  rendered  to  enforce collection of said award.    (m)  (1)  Each  manufacturer  shall require that each informal dispute  settlement mechanism used by it provide, at a minimum, the following:    (i) that the arbitrators participating in such mechanism  are  trained  in  arbitration  and  familiar with the provisions of this section, that  the arbitrators and consumers who request arbitration are provided  with  a  written  copy  of  the  provisions of this section, together with the  notice set forth below entitled "NEW CAR LEMON LAW BILL OF RIGHTS",  and  that  consumers,  upon request, are given an opportunity to make an oral  presentation to the arbitrator;    (ii) that the rights and procedures used in the mechanism comply  with  federal regulations promulgated by the federal trade commission relating  to informal dispute settlement mechanisms; and    (iii)  that  the  remedies  set  forth  under  subdivision (c) of this  section are awarded if, after a reasonable number of attempts have  beenundertaken  under subdivision (d) of this section to conform the vehicle  to the express warranties, the defect or nonconformity still exists.    (2)   The   following  notice  shall  be  provided  to  consumers  and  arbitrators and shall be printed in  conspicuous  ten  point  bold  face  type:                      NEW CAR LEMON LAW BILL OF RIGHTS    (1)  IN  ADDITION  TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR  NEW CAR, IF PURCHASED AND REGISTERED IN NEW  YORK  STATE,  IS  WARRANTED  AGAINST  ALL  MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR TWO YEARS,  WHICHEVER COMES FIRST.    (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER,  ITS  AGENT,  OR  AUTHORIZED DEALER.    (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.    (4)  IF  THE  SAME  PROBLEM  CANNOT  BE  REPAIRED  AFTER  FOUR OR MORE  ATTEMPTS; OR IF YOUR CAR IS OUT OF SERVICE TO REPAIR  A  PROBLEM  FOR  A  TOTAL  OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE MANUFACTURER  OR ITS AGENT REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR CONDITION  WITHIN  TWENTY  DAYS  OF  RECEIPT  OF  NOTICE SENT BY YOU TO THE MANUFACTURER BY  CERTIFIED MAIL, RETURN RECEIPT REQUESTED; THEN YOU MAY  BE  ENTITLED  TO  EITHER A COMPARABLE CAR OR A REFUND OF YOUR PURCHASE PRICE, PLUS LICENSE  AND REGISTRATION FEES, MINUS A MILEAGE ALLOWANCE ONLY IF THE VEHICLE HAS  BEEN  DRIVEN  MORE  THAN 12,000 MILES. SPECIAL NOTIFICATION REQUIREMENTS  MAY APPLY TO MOTOR HOMES.    (5) A MANUFACTURER MAY DENY LIABILITY IF  THE  PROBLEM  IS  CAUSED  BY  ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE CAR.    (6)  A  MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND  YOUR PURCHASE PRICE IF THE PROBLEM DOES  NOT  SUBSTANTIALLY  IMPAIR  THE  VALUE OF YOUR CAR.    (7)  IF  A  MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE  MANUFACTURER MAY REFUSE TO EXCHANGE A  COMPARABLE  CAR  OR  REFUND  YOUR  PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.    (8)  IF  THE  MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU  MAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO  YOUR  ATTORNEY'S  FEES IF YOU PREVAIL.    (9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.    (10)  AS  AN  ALTERNATIVE  TO THE ARBITRATION PROCEDURE MADE AVAILABLE  THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO  AN INDEPENDENT ARBITRATOR, APPROVED BY THE  ATTORNEY  GENERAL.  YOU  MAY  HAVE  TO  PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER  OFFICE OR ATTORNEY GENERAL'S OFFICE TO  FIND  OUT  HOW  TO  ARRANGE  FOR  INDEPENDENT ARBITRATION.    (3)  All  informal  dispute  settlement  mechanisms shall maintain the  following records:    (i) the number of purchase price and lease price refunds  and  vehicle  replacements  requested,  the number of each awarded in arbitration, the  amount of each award and the number of awards that were complied with in  a timely manner;    (ii) the number of awards  where  additional  repairs  or  a  warranty  extension  was  the  most  prominent remedy, the amount or value of each  award, and the number of such awards that were complied with in a timely  manner;    (iii) the number and total dollar amount of awards where some form  of  reimbursement  for  expenses  or  compensation  for  losses was the most  prominent remedy, the amount or value of each award and  the  number  of  such awards that were complied with in a timely manner; and    (iv)  the average number of days from the date of a consumer's initial  request to arbitrate until the date of the final  arbitrator's  decision  and  the  average number of days from the date of the final arbitrator'sdecision to the date on which  performance  was  satisfactorily  carried  out.    (n) Special provisions applicable to motor homes:    (1)  To  the  extent  that  the  provisions  of  this  subdivision are  inconsistent with the other provisions of this section,  the  provisions  of this subdivision shall apply.    (2)  For purposes of this section, the manufacturer of a motor home is  any person, partnership, corporation, factory branch,  or  other  entity  engaged  in  the business of manufacturing or assembling new motor homes  for sale in this state.    (3) This section does not apply to  the  living  facilities  of  motor  homes,  which  are  the  portions  thereof  designed, used or maintained  primarily as living quarters and shall include, but not  be  limited  to  the  flooring,  plumbing  system  and  fixtures,  roof  air conditioner,  furnace, generator, electrical systems other than  automotive  circuits,  the  side  entrance  door, exterior compartments, and windows other than  the windshield and driver and front passenger windows.    (4) If, within the first  eighteen  thousand  miles  of  operation  or  during  the  period of two years following the date of original delivery  of the motor vehicle to such consumer, whichever is  the  earlier  date,  the manufacturer of a motor home or its agents or its authorized dealers  or  repair  shops to which they refer a consumer are unable to repair or  correct any covered defect or condition which substantially impairs  the  value  of  the  motor  home to the consumer after a reasonable number of  attempts, the motor home manufacturer, at the option  of  the  consumer,  shall  replace  the  motor  home with a comparable motor home, or accept  return of the motor home from the consumer and refund  to  the  consumer  the  full  purchase  price  or,  if  applicable, the lease price and any  trade-in allowance plus fees and charges as well as the other  fees  and  charges set forth in paragraph one of subdivision (c) of this section.    (5) If an agent or authorized dealer of a motor home manufacturer or a  repair  shop to which they refer a consumer refuses to undertake repairs  within seven days of receipt of notice by a consumer of a nonconformity,  defect  or  condition  within  the  first  eighteen  thousand  miles  of  operation  or  during  the  period  of  two  years following the date of  original delivery of the motor home to such consumer, whichever  is  the  earlier  date,  the  consumer  may immediately forward written notice of  such refusal to the motor home manufacturer by  certified  mail,  return  receipt  requested.  The motor home manufacturer or its authorized agent  or a repair shop to which they refer a consumer shall have  twenty  days  from  receipt  of  such  notice  of refusal to commence such repairs. If  within such twenty day  period,  the  motor  home  manufacturer  or  its  authorized agent or repair shop to which they refer a consumer, fails to  commence such repairs, the motor home manufacturer, at the option of the  consumer,  shall replace the motor home with a comparable motor home, or  accept return of the motor home from the  consumer  and  refund  to  the  consumer the full purchase price or, if applicable, the lease price, and  any  trade-in allowance or other charges, fees, or allowances. Such fees  and charges shall include but  not  be  limited  to  all  license  fees,  registration  fees,  and  any  similar  governmental  charges,  less  an  allowance for the consumer's use of the vehicle in excess of  the  first  twelve  thousand  miles  of  operation pursuant to the mileage deduction  formula defined in paragraph four of subdivision (a)  of  this  section,  and  a  reasonable  allowance  for any damage not attributable to normal  wear or improvements.    (6) If within the first eighteen thousand miles of operation or during  the period of two years following the date of original delivery  of  the  motor  home  to  such  consumer, whichever is the earlier date, the samecovered nonconformity, defect or condition in  a  motor  home  has  been  subject  to  repair two times or a motor home has been out of service by  reason of repair  for  twenty-one  days,  whichever  occurs  first,  the  consumer  must  have reported this to the motor home manufacturer or its  authorized dealer by certified mail, return receipt requested,  and  may  institute any proceeding or other action pursuant to this section if the  motor home has been out of service by reason of three repair attempts or  for  at least thirty days. The special notification requirements of this  paragraph shall only apply if the manufacturer or its authorized  dealer  provides  a  prior written copy of the requirements of this paragraph to  the consumer and receipt of the notice is acknowledged by  the  consumer  in   writing.   If  the  consumer  who  has  received  notice  from  the  manufacturer fails to comply with the special notification  requirements  of  this paragraph, additional repair attempts or days out of service by  reason of repair shall not be taken into account in determining  whether  the  consumer is entitled to a remedy provided in paragraph four of this  subdivision. However, additional repair attempts or days out of  service  by  reason  of  repair  that occur after the consumer complies with such  special notification requirements shall be taken into account in  making  that determination. It shall not count as a repair attempt if the repair  facility  is not authorized by the applicable motor home manufacturer to  perform warranty work on the identified nonconformity. It shall count as  only one repair attempt for a motor home if the  same  nonconformity  is  being addressed a second time due to the consumer's decision to continue  traveling  and  to  seek the repair of the same nonconformity at another  repair facility rather than wait for the initial repair to be completed.    (7) Nothing in this  section  shall  in  any  way  limit  any  rights,  remedies  or causes of action that a consumer or motor home manufacturer  may otherwise have against the manufacturer of the motor home's chassis,  or its propulsion and other components.    (8) (A) Each manufacturer shall require  that  each  informal  dispute  settlement mechanism used by it provide, at a minimum, the following:    (i)  that  the arbitrators participating in such mechanism are trained  in arbitration and familiar with the provisions of  this  section,  that  the  arbitrators and consumers who request arbitration are provided with  a written copy of the provisions of  this  section,  together  with  the  notice  set  forth  below  entitled  "NEW  MOTOR  HOME LEMON LAW BILL OF  RIGHTS", and that consumers, upon request, are given an  opportunity  to  make an oral presentation to the arbitrator;    (ii)  that the rights and procedures used in the mechanism comply with  federal regulations promulgated by the federal trade commission relating  to informal dispute settlement mechanisms; and    (iii) that the remedies  set  forth  under  subdivision  (c)  of  this  section  are awarded if, after a reasonable number of attempts have been  undertaken under subdivision (d) of this section to conform the  vehicle  to the express warranties, the defect or nonconformity still exists.    (B) Notwithstanding the provisions of paragraph two of subdivision (m)  of  this  section,  the  following provision shall apply for purposes of  this subdivision:    The following notice shall be provided to  consumers  and  arbitrators  and shall be printed in conspicuous ten point bold face type:                    NEW MOTOR HOME LEMON LAW BILL OF RIGHTS    (1)  IN  ADDITION  TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR  NEW MOTOR HOME, IF PURCHASED  AND  REGISTERED  IN  NEW  YORK  STATE,  IS  WARRANTED  AGAINST  ALL  MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR  TWO YEARS, WHICHEVER COMES FIRST. HOWEVER, THIS ADDITIONAL WARRANTY DOES  NOT APPLY TO THE  LIVING  FACILITIES  OF  MOTOR  HOMES,  WHICH  ARE  THE  PORTIONS  THEREOF  DESIGNED,  USED  OR  MAINTAINED  PRIMARILY  AS LIVINGQUARTERS AND SHALL INCLUDE, BUT NOT BE LIMITED TO THE FLOORING, PLUMBING  SYSTEM  AND  FIXTURES,  ROOF  AIR   CONDITIONER,   FURNACE,   GENERATOR,  ELECTRICAL  SYSTEMS  OTHER  THAN  AUTOMOTIVE CIRCUITS, THE SIDE ENTRANCE  DOOR,  EXTERIOR  COMPARTMENTS, AND WINDOWS OTHER THAN THE WINDSHIELD AND  DRIVER AND FRONT PASSENGER WINDOWS.    (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER,  ITS  AGENT,  OR  AUTHORIZED DEALER.    (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.    (4)  IF,  WITHIN  THE  FIRST  EIGHTEEN  THOUSAND MILES OF OPERATION OR  DURING THE PERIOD OF TWO YEARS FOLLOWING THE DATE OF  ORIGINAL  DELIVERY  OF THE MOTOR VEHICLE TO SUCH CONSUMER, WHICHEVER IS THE EARLIER DATE THE  MANUFACTURER  OF A MOTOR HOME OR ITS AGENTS OR ITS AUTHORIZED DEALERS OR  REPAIR SHOPS TO WHICH THEY REFER A CONSUMER  ARE  UNABLE  TO  REPAIR  OR  CORRECT  ANY COVERED DEFECT OR CONDITION WHICH SUBSTANTIALLY IMPAIRS THE  VALUE OF THE MOTOR HOME TO THE CONSUMER AFTER  A  REASONABLE  NUMBER  OF  ATTEMPTS,  THE  MOTOR  HOME MANUFACTURER, AT THE OPTION OF THE CONSUMER,  SHALL REPLACE THE MOTOR HOME WITH A COMPARABLE  MOTOR  HOME,  OR  ACCEPT  RETURN  OF  THE  MOTOR HOME FROM THE CONSUMER AND REFUND TO THE CONSUMER  THE FULL PURCHASE PRICE OR, IF  APPLICABLE,  THE  LEASE  PRICE  AND  ANY  TRADE-IN ALLOWANCE, PLUS FEES AND CHARGES, AS WELL AS THE OTHER FEES AND  CHARGES,  INCLUDING  BUT  NOT  LIMITED TO ALL LICENSE FEES, REGISTRATION  FEES, AND ANY SIMILAR GOVERNMENTAL CHARGES, LESS AN  ALLOWANCE  FOR  THE  CONSUMER'S  USE  OF THE VEHICLE IN EXCESS OF TWELVE THOUSAND MILES TIMES  THE PURCHASE PRICE, OR THE LEASE PRICE IF  APPLICABLE,  OF  THE  VEHICLE  DIVIDED  BY  ONE  HUNDRED THOUSAND MILES, AND A REASONABLE ALLOWANCE FOR  ANY DAMAGE NOT ATTRIBUTABLE TO NORMAL WEAR OR IMPROVEMENTS.    (5) SPECIAL NOTICE PROVISION: IF WITHIN EIGHTEEN THOUSAND MILES OR TWO  YEARS, WHICHEVER COMES FIRST, THE SAME COVERED NONCONFORMITY, DEFECT  OR  CONDITION  IN  YOUR  MOTOR  HOME HAS BEEN SUBJECT TO REPAIR TWO TIMES OR  YOUR MOTOR HOME HAS  BEEN  OUT  OF  SERVICE  BY  REASON  OF  REPAIR  FOR  TWENTY-ONE  DAYS,  WHICHEVER COMES FIRST, YOU MUST HAVE REPORTED THIS TO  THE MOTOR HOME MANUFACTURER OR ITS AUTHORIZED DEALER BY CERTIFIED  MAIL,  RETURN  RECEIPT REQUESTED, AND YOU MAY INSTITUTE ANY PROCEEDING OR OTHER  ACTION PURSUANT TO THE LEMON LAW IF THE  MOTOR  HOME  HAS  BEEN  OUT  OF  SERVICE  BY REASON OF THREE REPAIR ATTEMPTS OR FOR AT LEAST THIRTY DAYS.  THIS SPECIAL NOTICE REQUIREMENT SHALL ONLY APPLY IF THE MANUFACTURER  OR  ITS  AUTHORIZED DEALER PROVIDES WRITTEN COPY OF THE REQUIREMENTS OF THIS  PARAGRAPH TO YOU AND  RECEIPT  OF  NOTICE  IS  ACKNOWLEDGED  BY  YOU  IN  WRITING.   IF   YOU   FAIL  TO  COMPLY  WITH  THE  SPECIAL  NOTIFICATION  REQUIREMENTS OF THIS PARAGRAPH, ADDITIONAL REPAIR ATTEMPTS OR  DAYS  OUT  OF  SERVICE  BY  REASON  OF  REPAIR  SHALL  NOT BE TAKEN INTO ACCOUNT IN  DETERMINING WHETHER YOU ARE ENTITLED TO A REMEDY PROVIDED  IN  PARAGRAPH  FOUR.  HOWEVER,  ADDITIONAL  REPAIR  ATTEMPTS  OR DAYS OUT OF SERVICE BY  REASON  OF  REPAIR  THAT  OCCUR  AFTER  YOU  COMPLY  WITH  SUCH  SPECIAL  NOTIFICATION  REQUIREMENTS  SHALL  BE  TAKEN INTO ACCOUNT IN MAKING THAT  DETERMINATION.  NOTICE TO THE MANUFACTURER SHOULD BE SENT TO THE FOLLOWING:  NOTICE TO THE DEALER SHOULD BE SENT TO THE FOLLOWING:    (6) A MANUFACTURER MAY DENY LIABILITY IF  THE  PROBLEM  IS  CAUSED  BY  ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE MOTOR HOME.    (7)  A  MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR HOME OR  REFUND YOUR PURCHASE PRICE IF THE PROBLEM IS NOT COVERED  BY  THE  LEMON  LAW OR DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF YOUR MOTOR HOME.    (8)  IF  A  MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE  MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR  HOME  OR  REFUND  YOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.(9)  IF  THE  MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU  MAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO  YOUR  ATTORNEY'S  FEES IF YOU PREVAIL.    (10) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.    (11)  AS  AN  ALTERNATIVE  TO THE ARBITRATION PROCEDURE MADE AVAILABLE  THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO  AN INDEPENDENT ARBITRATOR, APPROVED BY THE  ATTORNEY  GENERAL.  YOU  MAY  HAVE  TO  PAY  A  FEE  FOR SUCH ARBITRATION. CONTACT YOUR LOCAL CONSUMER  OFFICE OR ATTORNEY GENERAL'S OFFICE TO  FIND  OUT  HOW  TO  ARRANGE  FOR  INDEPENDENT ARBITRATION.    (o)  At  the  time  of  purchase  or  lease of a motor vehicle from an  authorized dealer in this state, the manufacturer shall provide  to  the  dealer  or  leaseholder,  and the dealer or leaseholder shall provide to  the consumer a notice, printed in not less than eight  point  bold  face  type,  entitled  "New  Car  Lemon  Law Bill of Rights". The text of such  notice shall be identical with the notice required by paragraph  two  of  subdivision (m) of this section.