32-6D-4. Allowance for use of vehicle offset against monetary recovery.
Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer or authorized dealer and shall be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator one hundred thousand and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity.
Source: SL 1993, ch 227, ยง4.
Structure South Dakota Codified Laws
Chapter 06D - Manufacturer S Warranty
Section 32-6D-1 - Definitions.
Section 32-6D-2 - Notice of nonconforming condition--Timeliness--Obligation to repair.
Section 32-6D-3 - Replacement of irreparable vehicle--Refund.
Section 32-6D-4 - Allowance for use of vehicle offset against monetary recovery.
Section 32-6D-5 - Reasonable attempts to correct nonconforming condition.
Section 32-6D-6 - Civil action against manufacturer.
Section 32-6D-7 - Affirmative defenses to claim against manufacturer.
Section 32-6D-8 - Attorney fees.
Section 32-6D-9 - Resale of returned vehicle.