7508 - Nonperformance.

     § 7508.  Nonperformance.        (a)  Nonperformance factors.--It shall not be a breach of     contract by a messenger or agent service if the department     determines that the failure to timely submit an application,     taxes or fees was the result of:            (1)  an act of God;            (2)  criminal or fraudulent action by an employee of the        messenger or agent service which was unknown and could not        have been prevented by the messenger or agent service unless        the department determines that the messenger or agent        service, or an employee of the messenger or agent service,        altered the date of the purchase of a vehicle upon an        application;            (3)  a failure by a lienholder to forward a title as        required by section 1135 (a)(1) (relating to satisfaction of        security interest) provided the lienholder received prompt        satisfaction; or            (4)  criminal, fraudulent or negligent action by a        messenger service of the department if the agent and        messenger service are not controlled by the same person and        the agent submitted the application, taxes or fees to the        messenger service within 15 days of receipt by the agent        service.        (b)  Burden of proof.--A messenger or agent service has the     burden to prove the existence of subsection (a)(1), (2), (3) or     (4). The messenger or agent service shall also prove that its     submission was in accordance with business practices requiring     prompt submission of applications, taxes or fees to the     department.     (Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)        2002 Amendment.  Act 152 added section 7508.