61-4-504. Reasonable number of attempts -- presumption. A reasonable number of attempts to conform a new motor vehicle to the applicable express warranties is presumed to have been made for purposes of 61-4-503(1) if:
(1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agent or authorized dealer during the warranty period but the nonconformity continues to exist; or
(2) the motor vehicle is out of service because of nonconformity for a cumulative total of 30 or more business days during the warranty period after notification of the manufacturer, agent, or dealer.
History: En. Sec. 4, Ch. 144, L. 1983; amd. Sec. 182, Ch. 542, L. 2005.
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