Conditions for any remedy under the Act
Seller's right to cure
The buyer must allow the seller a reasonable number of attempts to bring the new vehicle into conformance with the applicable express warranties.
A reasonable number of attempts
A presumption arises that a reasonable number of attempts have been undertaken where, within one year or 12,000 miles after delivery, whichever occurs first:
- The nonconformity has been subject to repair by the seller, its agents or authorized dealers, 4 or more times, and the nonconformity continues to exist; or
- The vehicle has been out of service to repair the non-conformities for a total of 30 or more business days.
Informal Dispute Procedures
If the manufacturer has established an informal dispute settlement procedure, the consumer must first resort to that procedure before claiming a remedy under this Act, provided that:
- The procedure conforms to 16 C.F.R. Part 703 (Magnuson-Moss Warranty Act regs); and
- The consumer has received from the seller adequate written notice of the existence of the procedure.
3. the procedure requires the seller to notify the consumer of the decision reached through such procedure, and of the customer's right to bring a civil action to enforce his rights under this Act if the customer is dissatisfied with the decision reached in the settlement procedure.
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