RSA 382-A:2-329 · Servicing of Warranties; Liability of Manufacturers

382-A:2-329 Servicing of Warranties; Liability of Manufacturers. –

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(1)

Every manufacturer who makes an express warranty pursuant to a sale of a consumer good with a retail value greater than $100 shall provide purchasers with an address or toll-free number for information on warranty service or shall designate one or more representatives within this state to provide services or repairs under the direct terms of the express warranty. The manufacturer shall make parts available to any authorized New Hampshire service representative within 30 days of receipt of an order by the manufacturer in order to fulfill the terms of the express warranty; provided, however, that a delay caused by conditions beyond the direct control of the manufacturer including, but not limited to, special recall requirements, labor disputes, acts of God, or transportation delays caused by persons unrelated to the manufacturer shall serve to extend this 30-day requirement. Where such delays arise, such parts shall be tendered to the service representative as soon as possible following the termination of the condition causing the delay. The 30-day requirement shall not be extended due to backlogs in processing orders, inadequate inventory, or other delays directly due to the manufacturer or its related entities.

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(2)

Every manufacturer who makes an express warranty pursuant to a consumer sale and designates a representative within this state to provide warranty service shall be liable to such service representative in the amount equal to that which is normally and reasonably charged by the representative for like service and repairs rendered to retail consumers who are not entitled to warranty protection. This equality of normal and reasonable charges shall apply both to labor and parts. It shall be a rebuttable presumption affecting the burden of producing evidence that the normal and reasonable cost of service or repair is an amount equal to that which is charged by said service representative for like services or repairs rendered to service or repair customers who are not entitled to warranty protection. The manufacturer may not waive such liability.

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(3)

Any manufacturer that sells a consumer good costing more than $100 in this state shall have adequate service information and replacement parts available for direct factory service, for regional service or to their designated service representatives to repair and restore its product to operating condition as provided in the express warranty. Service information and parts availability shall continue for that period in which the manufacturer must meet its obligation under the terms of the express warranty.

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(4)

Any person, firm or corporation failing to comply with any provision of this section shall be liable, in an action in equity, for injunctive relief, for a civil penalty of $25 per day for each day of non-compliance and shall be liable to the consumer for replacement of the item to be repaired. Prosecution under the provisions of this section shall be brought by the consumer protection and antitrust bureau, department of justice, if it determines that there has been a violation of this section. The requirements, remedies, and provisions of this section shall be in addition to the requirements, remedies, and provisions of any other laws which are applicable to the manufacture, sale, or servicing of consumer goods. Source. 1988, 190:1, eff. Jan. 1, 1989. Part 4 Title, Creditors and Good Faith Purchasers

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