Sec. 16. (a) A manufacturer or distributor and at least thirty percent (30%) of its franchisees in Indiana of the same line make may agree in an express written contract citing this section to a uniform warranty reimbursement policy to be used by franchisees for the performance of warranty repairs. The contract must include reimbursement for parts used in warranty repairs or the use of a uniform time standards manual, or both. The allowance for diagnosis within the uniform time standards manual must be reasonable and adequate for the work and service to be performed. The manufacturer or distributor:
(1) may have only one (1) contract with regard to each line make; and
(2) must have a reasonable and fair procedure for franchisees to request a modification or adjustment of a standard included in the uniform time standards manual.
(b) A contract described in subsection (a) must meet the following criteria:
(1) Establish a uniform parts reimbursement rate that must be greater than the manufacturer's or distributor's nationally established parts reimbursement rate in effect at the time the contract becomes effective. A subsequent contract must include a uniform reimbursement rate that is equal to or greater than the rate in the immediately prior contract.
(2) Apply to all warranty repair orders written while the agreement is in effect.
(3) At any time during the period the contract is in effect:
(A) be available to any franchisee of the same line make as the franchisees that entered into the contract with the manufacturer or distributor; and
(B) be available to a franchisee of the same line make on the same terms as apply to the franchisees that entered into the contract with the manufacturer or distributor.
(4) Be for a term not to exceed three (3) years.
(5) Allow any party to the uniform warranty reimbursement policy to terminate the policy with thirty (30) days prior written notice to all parties upon the annual anniversary of the policy, if the policy is for at least one (1) year.
(6) Remain in effect for the entire original period if the manufacturer and at least one (1) franchisee remain parties to the policy.
(c) A manufacturer or distributor that enters into a contract with its franchisees under subsection (a) shall do the following:
(1) Certify to the secretary under oath, in a writing signed by a representative of the manufacturer or distributor, that at the time the contract was entered into at least thirty percent (30%) of the franchisees of the line make were parties to the contract.
(2) File a copy of the contract with the secretary at the time of the certification.
(3) Maintain a file that contains the information upon which the certification required under subdivision (1) is based for three (3) years after the certification is made.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.101; P.L.284-2019, SEC.37.
Structure Indiana Code
9-32-13-1. Requiring Purchase of Equipment, Part, or Accessory as a Condition of Sale
9-32-13-2. Willful Failure of Dealer to Perform Vehicle Delivery and Preparation Obligations
9-32-13-3. Willful Failure of Dealer to Perform Warranty Obligations
9-32-13-4. Sale of Motor Vehicle Having Trade Name or Mark for Which Dealer Lacks Franchise
9-32-13-5. Willful Failure of Dealer to Perform Fiduciary Duty to Collect and Remit Gross Retail Tax
9-32-13-7. Document Preparation Fees
9-32-13-8. Violation of Deceptive Franchise Practices Provisions
9-32-13-9. Manufacturer or Distributor Coercing Dealers to Order
9-32-13-10. Manufacturer or Distributor Requiring Changes in Capital Structure or Financing
9-32-13-11. Manufacturer or Distributor Requiring Changes in Dealer Management
9-32-13-12. Restraint by Manufacturer or Distributor of Sale or Transfer of Interest by Dealer
9-32-13-13. Manufacturer or Distributor Preventing Dealer From Fair Competition
9-32-13-14. Employment by Manufacturer or Distributor of Person Who Is Not Certified
9-32-13-15.5. Compensation for Warranty Services
9-32-13-16. Contract for Uniform Warranty Reimbursement Policy
9-32-13-20. False, Deceptive, or Misleading Advertising; Deceptive Acts or Practices
9-32-13-21. Unfair Practices of Employees, Agents, Officers, Partners, or Representatives
9-32-13-22. Franchise Termination; Right of First Refusal
9-32-13-23. Unfair Practices by Manufacturer, Distributor, Officer, or Agent
9-32-13-24. Relocation of New Motor Vehicle Dealers
9-32-13-25. Acting, Offering to Act As, or Professing to Be a Broker of Motor Vehicles
9-32-13-26. Fraud or Deceit, Untrue Statements of Material Fact or Omission