32-6D-7. Affirmative defenses to claim against manufacturer.
It is an affirmative defense to any claim against the manufacturer under this chapter that:
(1)An alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or
(2)A nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.
Source: SL 1993, ch 227, ยง7.
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.