Current through Register Vol. XLI, No. 37, September 13, 2024
Section 142-3-4 - Duties Of Warrantor4.1. Incorporation of insufficient mechanism. -- The warrantor shall not incorporate into the terms of a written warranty a mechanism that fails to comply with the requirements contained in Sections 5.1 and 5.6 of these rules. This paragraph shall not prohibit a warrantor from incorporating into the terms of a written warranty the step-by-step procedure which the consumer should take in order to obtain performance under the warranty.4.2. Disclosure of information. -- The warrantor shall disclose clearly and conspicuously at least the following information on the face of the written warranty: (a) A statement of the availability of the informal dispute settlement mechanism;(b) The name and address of the mechanism or the name and a telephone number of the mechanism which consumers may use without charge;(c) A statement of any requirement that a consumer resort to the mechanism before exercising right or seeking remedies created by the Act together with a disclosure that if a consumer chooses to seek redress by pursuing rights and remedies not created by the Act, resort to the mechanism would not be required by any provision of the Act; and(d) A statement, if applicable, indicating where further information on the mechanism can be found in materials accompanying the motor vehicle, as provided in Section 4.3 of these rules.4.3. Information on mechanisms. -- The warrantor shall include in the written warranty or in a separate section of materials accompanying the motor vehicle the following information:(a) Either (1) a form addressed to the mechanism containing spaces requesting the information which the mechanism may require for prompt resolution of warranty disputes; or (2) a telephone number of the mechanisms which consumers may use without charge;(b) The name and address of the mechanism;(c) A brief description of mechanism's procedures;(d) The time limits adhered to by the mechanism; and(e) The types of information which the mechanism may require for prompt resolution of warranty disputes.4.4. Warrantor's option to encourage redress directly from warrantor. -- The warrantor shall take steps reasonably calculated to make consumers aware of the existence of the mechanism at the time consumers experience warranty disputes. Nothing contained in Sections 4.2, 4.3 or 4.4 of these rules shall limit the warrantor's option to encourage consumers to seek redress directly from the warrantor as long as the warrantor does not expressly require consumers to seek redress directly from the warrantor. The warrantor shall proceed fairly and expeditiously to attempt to resolve all disputes submitted directly to the warrantor.4.5. Disputes submitted to warrantor. -- Whenever a dispute is submitted directly to a warrantor, the warrantor shall, within a reasonable time, decide whether, and to what extent, it will satisfy the consumer and inform the consumer of its decision. In its notification to the consumer of its decision, the warrantor shall include the information required in Sections 4.2 and 4.3 of these rules.4.6. Responses to requests for information by mechanism. -- The warrantor shall:(a) Respond fully and promptly to reasonable requests by the mechanism for information relating to disputes;(b) Upon notification of any decision of the mechanism that would require action on the part of the warrantor, immediately inform the mechanism whether and to what extent the warrantor will abide by the decision; and(c) Perform any obligations it has agreed to.4.7. Good faith of warrantor. -- The warrantor shall act in good faith in determining whether and to what extent it will abide by a mechanism decision.4.8. Compliance with reasonable requirements. -- The warrantor shall comply with any reasonable requirements imposed by the mechanism to fairly and expeditiously resolve warranty disputes.