§1175. Delivery and preparation obligations; product liability and implied warranty complaints
Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. The delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation to be paid to its motor vehicle dealers for the work and services they shall be required to perform in connection with such delivery and preparation obligations shall constitute any such dealer's only responsibility for product liability as between such dealer and such manufacturer. The compensation as set forth on said schedule shall be reasonable. [PL 1975, c. 573 (NEW).]
In any action or claim brought against the dealer on a product liability complaint in which it is later determined that the manufacturer is liable, the dealer shall be entitled, from the manufacturer, to receive its reasonable costs and attorney's fees incurred in defending the claim or action. [PL 1979, c. 498, §2 (NEW).]
In any action or claim brought against the dealer on a breach of implied warranty complaint in which it is later determined that the manufacturer is liable, the dealer shall be entitled, from the manufacturer, to receive its reasonable costs and attorney's fees incurred in defending the claim or action. In any such implied warranty action, a dealer shall have the rights of a buyer under Title 11, section 2‑607, subsection (5). [PL 1985, c. 221 (NEW).]
The court shall consider the dealer's share in the responsibility for the damages in awarding costs and attorney's fees. [PL 1979, c. 498, §2 (NEW).]
SECTION HISTORY
PL 1975, c. 573 (NEW). PL 1979, c. 498, §2 (AMD). PL 1985, c. 221 (AMD).
Structure Maine Revised Statutes
Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS
10 §1171-A. Corporate affiliates
10 §1171-B. Manufacturer; license
10 §1173. Attorney General and civil remedies
10 §1173-A. Mediation (REPEALED)
10 §1174-A. Limitations on establishing or relocating dealerships
10 §1174-B. Transportation damages
10 §1174-D. Compensation for new vehicles with safety defect
10 §1175. Delivery and preparation obligations; product liability and implied warranty complaints
10 §1177. Unreasonable restrictions
10 §1178. Covered under written or oral agreements
10 §1179. Franchise interest, vested rights
10 §1180. Franchisee's right to associate
10 §1181. Discounts and other inducements
10 §1182-A. Exemption for installation on previously assembled truck chassis