61-4-502. Notice -- warranty enforceable after warranty period -- when. (1) If a consumer notifies in writing the manufacturer or its agent during the warranty period that a new motor vehicle does not conform to all applicable express warranties, the repairs necessary to conform the new motor vehicle to the express warranties shall be made by or at the expense of the warrantor, regardless of the expiration of the warranty period after notification of nonconformity is given by the consumer.
(2) The warranty period of an express warranty is extended to equal the time that repair services are not available because of war or invasion or because of strike or fire, flood, or other natural disaster. The presumption provided herein may not apply against a manufacturer who has not received prior written notification from or on behalf of the consumer and has not had an opportunity to cure the alleged defect.
(3) The manufacturer must clearly and conspicuously disclose to the consumer in the warranty or owner's manual that written notification of a nonconformity is required before a consumer may be eligible for a refund or replacement of the vehicle. The manufacturer must include with the warranty or owner's manual the name and address where the written notification must be sent.
History: (1)En. Sec. 2, Ch. 144, L. 1983; (2)En. Sec. 5, Ch. 144, L. 1983; amd. Sec. 2, Ch. 744, L. 1985.
Structure Montana Code Annotated
Chapter 4. Sales and Distribution of Motor Vehicles
Part 5. New Motor Vehicle Warranties -- Remedies
61-4-502. Notice -- warranty enforceable after warranty period -- when
61-4-503. Replacement for nonconformity to warranty
61-4-504. Reasonable number of attempts -- presumption
61-4-505. Dealer exemption -- liability to manufacturer
61-4-506. Provisions nonexclusive -- applicability of U.C.C. -- defenses
61-4-507. Exhaustion of remedies under federal law
61-4-508. through 61-4-510 reserved
61-4-511. Manufacturer's dispute settlement procedure -- certification -- prohibited contents
61-4-512. Annual audit -- revocation or suspension of certification
61-4-513. and 61-4-514 reserved
61-4-515. Arbitration procedure
61-4-516. Selection of arbitrator
61-4-517. Implementation of arbitration
61-4-518. Arbitration -- role of department of justice -- expert
61-4-519. Action by arbitrator -- decision
61-4-520. Nonconforming procedure -- arbitration de novo
61-4-521. through 61-4-524 reserved
61-4-525. Notice on resale of replaced motor vehicle