§ 6A-2-329 - Servicing of warranties.
SECTION 6A-2-329
§ 6A-2-329 Servicing of warranties. –(1) Definition of terms. (a) "Consumer sale" means a sale of new goods,or as regards an express warranty, any goods, purchased primarily for personal,family, or household purposes, and not for agricultural or business purposes.
(b) "New goods" means those goods which are purchased for thefirst time other than for purposes of resale.
(2) Implied warranties. (a) Unless disclaimed in themanner prescribed in subsection (2)(b) of this section, every consumer sale inthis state shall be accompanied by an implied warranty that the goods aremerchantable, and, in a consumer sale where the seller has reason to know thatthe goods are required for a particular purpose and the buyer is relying on theseller's skill or judgment to select or furnish suitable goods, an impliedwarranty of fitness.
(b) Disclaimer. No consumer sale on an "as is" or"with all faults" basis shall be effective to disclaim the implied warranty ofmerchantability, or, where applicable, the implied warranty of fitness, unlessa conspicuous writing clearly informs the buyer, prior to the sale, in simpleand concise language each of the following:
(i) The goods are being sold on an "as is" or "with allfaults" basis; and
(ii) The entire risk as to the quality and performance of thegoods is with the buyer.
(c) In the event of a consumer sale by means of a mail ordercatalog, the catalog may contain the required writing in lieu of thenotification in writing.
(3) Express warranties. (a) Disclaimers. No expresswarranty arising out of a consumer sale of new goods shall disclaim impliedwarranties of merchantability, or, where applicable, of fitness.
(b) Honoring of express warranties. The maker of anexpress warranty arising out of a consumer sale in this state shall designate arepresentative in the United States to provide services or repairs under thewarranty. In a consumer sale, the manufacturer shall honor an express warrantymade by the manufacturer; the distributor shall honor an express warranty madeby the distributor; and the retail seller shall honor an express warranty madeby the retail seller.
(c) Liability of manufacturer. Every manufacturer,whether domestic or foreign, who makes an express warranty pursuant to aconsumer sale shall designate a representative within the state to provideservices or repairs under the terms of the express warranty. Further, themanufacturer must make parts available to the representative within thirty (30)days of receipt of the order by the manufacturer. Provided, however, delaycaused by conditions beyond the control of the manufacturer such as, by way ofexample but not limited to, labor disputes, act of God, or transit strike shallserve to extend this thirty (30) day requirement. Where such delays arise,conforming goods shall be tendered to the representative as soon as possiblefollowing termination of the condition giving rise to the delay.
(d) Liability of manufacturers. Every manufacturer whomakes an express warranty pursuant to a consumer sale, and who designates arepresentative within this state to provide sale and service under the terms ofthe express warranty, shall be liable to the representative in the amount equalto that which is charged by the representative for like service and repairsrendered to retail consumers who are not entitled to warranty protection. Thisequality of charges shall apply both to labor and parts used.
(e) Service information and parts availability. Anymanufacturer whether domestic or foreign selling in this state must haveadequate service information and replacement parts available to servicefacilities to effect repair, and restore to operating condition. Manufacturerswill have such service information and parts available from distributors.
(f) Liability of the designated representative to theconsumer and manufacturer. Every designated representative who performsservice or makes repairs to a product under the terms of the express warranty,shall provide services or make repairs in a manner fully consistent with thatservice or repair which would be made if the consumer were not entitled towarranty protection. The representative or service repairperson who performsthe service shall do so within thirty (30) days of receipt of the item to berepaired, if in fact, the representative or service repairperson has the partin stock. In the event the representative or service repairperson does not havethe part available then he or she must so notify the consumer of this fact andmust order the part within two (2) days of receipt of the item to be repaired,and upon receipt of the part from the manufacturer must complete the repairswithin ten (10) days thereafter, unless the buyer agrees to the contrary.Delays caused by conditions beyond the control of the representative or servicerepairman such as by way of example, but not limited to, labor disputes, actsof God, or transit strikes shall serve to extend the aforementioned timelimits. Where such delays arise the repairs shall be performed as soon aspossible following termination of the conditions giving rise to the delay.
(4) Facilities. (a) Wherever competent repair orservice facilities are available within the state of Rhode Island, the maker ofan express warranty shall provide for means of the warranty repair or serviceperformed within the state of Rhode Island.
(b) This shall not be construed to exclude use of facilitiesoutside the state of Rhode Island where acceptable to all parties.
(5) Service information and parts availability. Anymanufacturer selling in this state must have adequate service information andreplacement parts available to warranty stations and independent servicefacilities, to effect repair and restore to operating condition. The serviceinformation and parts availability shall continue for a period of not less thanfour (4) years from the date of last sale of any given model or type. Theservice information and parts shall be available within the state of RhodeIsland.
(6) Penalties. Any person, firm, or corporationfailing to comply with any provision of this section shall be liable for a fineof twenty-five dollars ($25.00) a day for every day of noncompliance and/or beliable to the consumer for replacement of the item to be repaired. Prosecutionunder the provisions of this section shall be brought by the attorney general'sdepartment in the appropriate division of the district court of the state ofRhode Island.
(7) Severability of provisions. If any provision ofthis section, or application thereof to any person or circumstances, is heldunconstitutional or otherwise invalid, the remaining provisions of this sectionand the application of the provisions to other persons or circumstances, otherthan those to which it is held invalid, shall not be affected thereby.