§1436. Transportation damages
1. Liability of new dealer after acceptance. Notwithstanding the terms, provisions or conditions of any agreement or dealer agreement, the new recreational vehicle dealer is solely liable for damages to new recreational vehicles after acceptance from the carrier and before delivery to the ultimate purchaser.
[PL 1997, c. 427, §2 (NEW).]
2. Liability of manufacturer. Notwithstanding the terms, provisions or conditions of any agreement or dealer agreement, the manufacturer is liable for all damages to recreational vehicles before delivery to a carrier or transporter.
[PL 1997, c. 427, §2 (NEW).]
3. Additional liability of dealer. The new recreational vehicle dealer is liable for damages to new recreational vehicles after delivery to the carrier only if the dealer selects the method of transportation, mode of transportation and the carrier. In all other instances, the manufacturer is liable for carrier-related new recreational vehicle damage, as long as the new recreational vehicle dealer annotates the bill of lading or other carrier document indicating damages observed at the time of delivery to the new recreational vehicle dealer and promptly notifies the manufacturer of any concealed damage discovered after delivery.
[PL 1997, c. 427, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 427, §2 (NEW).
Structure Maine Revised Statutes
Chapter 214-A: RECREATIONAL VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS
10 §1434-A. Termination, cancellation and nonrenewal of a dealer agreement
10 §1435. Limitations on establishing or relocating dealerships
10 §1436. Transportation damages
10 §1438. Delivery and preparation obligations; product liability and implied warranty complaints
10 §1440. Mediation and arbitration of manufacturer; dealer disputes (REPEALED)
10 §1441. Unreasonable restrictions (REPEALED)
10 §1442. Covered under written or oral agreements (REPEALED)
10 §1442-A. Written agreements; designated territories
10 §1443. Dealership interest; vested rights (REPEALED)
10 §1444. Dealer's right to associate
10 §1445. Discounts and other inducements