(A) Notwithstanding the terms of any manufacturer/dealer agreement, it is a violation of this chapter for:
(1) a warrantor to fail to indemnify and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or wilful misconduct of the warrantor. A new recreational vehicle dealer may not be denied indemnification for failing to discover, disclose, or remedy a defect in the design or manufacturing of a new recreational vehicle. A new recreational vehicle dealer may be denied indemnification if the new recreational vehicle dealer fails to remedy a known and announced defect in accordance with the written instructions of a warrantor for whom the new recreational vehicle dealer is obligated to perform warranty service. A new recreational vehicle dealer shall provide to the warrantor a copy of any pending law suit or similar proceeding in which allegations are made that are covered by this subsection within ten days after receiving such suit. Notwithstanding anything to the contrary, this subsection shall continue to apply even after the new recreational vehicle is titled; and
(2) a new recreational vehicle dealer to fail to indemnify and hold harmless its warrantor against any losses or damages to the extent that the losses or damages are caused by the negligence or wilful misconduct of the new recreational vehicle dealer. A warrantor shall provide to a new recreational vehicle dealer a copy of any pending law suit or similar proceeding in which allegations are made that are covered by this subsection within ten days after receiving such suit. Notwithstanding anything to the contrary, this subsection shall continue to apply even after the new recreational vehicle is titled.
HISTORY: 2017 Act No. 51 (S.321), Section 1, eff November 19, 2017.
Editor's Note
2017 Act No. 51,Sections 6, 7, provide:
"SECTION 6. The department is authorized to promulgate regulations for the enforcement of the provisions of Chapter 14, Title 56.
"SECTION 7. This act takes effect six months after approval by the Governor and applies to manufacturer/dealer agreements entered into on or after July 1, 2018."
Structure South Carolina Code of Laws
Chapter 14 - Regulation Of Manufacturers, Distributors And Dealers Of Recreational Vehicles
Section 56-14-10. Definitions.
Section 56-14-20. Persons subject to chapter and jurisdiction of courts; service of process.
Section 56-14-25. Applicability to park model trailers.
Section 56-14-30. License for dealer; exhibition license; fees; penalties.
Section 56-14-60. Records of transfers; organization; penalties.
Section 56-14-70. Denial, suspension, or revocation of license.
Section 56-14-80. Manufacturer/dealer agreement.
Section 56-14-105. Manufacturer's repurchase of new recreational vehicles and accessories.
Section 56-14-130. Indemnification; violations of this chapter.
Section 56-14-140. Procedures for new recreational vehicles damaged prior to transit to dealer.
Section 56-14-150. Coercion by manufacturers prohibited.
Section 56-14-160. Civil actions; venue; demand for mediation; injunctions.