NY Gen Bus L § 198-A (2021)
2021 New York Laws GBS - General Business Article 11-A - Motor Vehicle Manufacturers 198-A - Warranties.

§ 198-a. Warranties. (a) As used in this section:  (1)  "Consumer"  means the purchaser, lessee or transferee, other than for purposes of resale, of a motor vehicle which is used  primarily  for personal,  family or household purposes and any other person entitled by the terms of the manufacturer's warranty to enforce the  obligations  of such warranty;  (2) "Motor vehicle" means a motor vehicle excluding off-road vehicles, which  was  subject  to a manufacturer's express warranty at the time of original delivery and either (i) was purchased, leased or transferred in this state within either the first eighteen thousand miles of  operation or  two  years from the date of original delivery, whichever is earlier, or (ii) is registered in this state;  (3) "Manufacturer's express warranty" or "warranty" means the  written warranty,  so  labeled,  of  the  manufacturer  of  a new motor vehicle, including any terms  or  conditions  precedent  to  the  enforcement  of obligations under that warranty.  (4)  "Mileage  deduction formula" means the mileage which is in excess of twelve thousand miles times the purchase price, or the lease price if applicable, of the vehicle divided by one hundred thousand miles.  (5) "Lessee" means any consumer who leases a motor vehicle pursuant to a written lease agreement which provides that the lessee is  responsible for repairs to such motor vehicle.  (6) "Lease price" means the aggregate of:  (i) the lessor's actual purchase cost;  (ii) the freight cost, if applicable;  (iii) the cost for accessories, if applicable;  (iv) any fee paid to another to obtain the lease; and  (v)  an  amount  equal to five percent of the lessor's actual purchase cost as prescribed in subparagraph (i) of this paragraph.  (7) "Service fees" means the portion of a lease  payment  attributable to:  (i)  an  amount  for earned interest calculated on the rental payments previously paid to the lessor for the leased vehicle at an  annual  rate equal  to  two  points above the prime rate in effect on the date of the execution of the lease; and  (ii) any insurance or other costs  expended  by  the  lessor  for  the benefit of the lessee.  (8) "Capitalized cost" means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle less service fees.  (b)  (1)  If  a new motor vehicle which is sold and registered in this state does not conform  to  all  express  warranties  during  the  first eighteen  thousand  miles of operation or during the period of two years following the date of original delivery of the  motor  vehicle  to  such consumer,  whichever is the earlier date, the consumer shall during such period  report  the  nonconformity,   defect   or   condition   to   the manufacturer, its agent or its authorized dealer. If the notification is received  by the manufacturer's agent or authorized dealer, the agent or dealer shall within seven days forward written  notice  thereof  to  the manufacturer  by  certified  mail,  return  receipt requested, and shall include in such notice  a  statement  indicating  whether  or  not  such repairs  have  been  undertaken.  The  manufacturer,  its  agent  or its authorized dealer shall correct said nonconformity, defect or  condition at no charge to the consumer, notwithstanding the fact that such repairs are  made  after  the expiration of such period of operation or such two year period.  (2)  If  a  manufacturer's  agent  or  authorized  dealer  refuses  to undertake  repairs  within  seven  days  of  receipt  of the notice by a consumer of a nonconformity, defect or condition pursuant  to  paragraph  one  of  this  subdivision, the consumer may immediately forward written notice of such refusal to the manufacturer  by  certified  mail,  return receipt  requested.  The manufacturer or its authorized agent shall have twenty  days  from  receipt  of  such notice of refusal to commence such repairs. If within such twenty  day  period,  the  manufacturer  or  its authorized  agent  fails  to commence such repairs, the manufacturer, at the option of the consumer, shall  replace  the  motor  vehicle  with  a comparable  motor  vehicle,  or  accept  return  of the vehicle from the consumer and refund to the consumer  the  full  purchase  price  or,  if applicable,  the  lease  price  and any trade-in allowance plus fees and charges. Such fees and charges shall include but not be limited  to  all license  fees,  registration  fees and any similar governmental charges, less an allowance for the consumer's use of the vehicle in excess of the first twelve  thousand  miles  of  operation  pursuant  to  the  mileage deduction  formula  defined in paragraph four of subdivision (a) of this section, and a reasonable allowance for any damage not  attributable  to normal wear or improvements.  (c)  (1)  If,  within  the period specified in subdivision (b) of this section, the manufacturer or its agents or authorized dealers are unable to repair or correct any defect or condition which substantially impairs the value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer, at the  option  of  the  consumer,  shall replace  the  motor  vehicle  with a comparable motor vehicle, or accept return of the vehicle from the consumer and refund to the  consumer  the full  purchase price or, if applicable, the lease price and any trade-in allowance plus fees and charges. Any return of a motor vehicle  may,  at the  option  of  the consumer, be made to the dealer or other authorized agent of the manufacturer who sold such vehicle to the  consumer  or  to the  dealer or other authorized agent who attempted to repair or correct the defect or condition which necessitated the return and shall  not  be subject  to  any  further  shipping charges. Such fees and charges shall include but not be limited to all license fees,  registration  fees  and any  similar  governmental charges, less an allowance for the consumer's use of the vehicle in excess of  the  first  twelve  thousand  miles  of operation pursuant to the mileage deduction formula defined in paragraph four  of subdivision (a) of this section, and a reasonable allowance for any damage not attributable to normal wear or improvements.  (2) A manufacturer which accepts return of the motor  vehicle  because the  motor  vehicle  does  not  conform to its warranty shall notify the commissioner of the department of motor vehicles that the motor  vehicle was  returned  to the manufacturer for nonconformity to its warranty and shall disclose, in  accordance  with  the  provisions  of  section  four hundred  seventeen-a  of  the  vehicle  and  traffic law prior to resale either at wholesale or retail, that it was previously  returned  to  the manufacturer for nonconformity to its warranty. Refunds shall be made to the  consumer  and  lienholder, if any, as their interests may appear on the records of ownership kept  by  the  department  of  motor  vehicles. Refunds  shall  be  accompanied  by the proper application for credit or refund of state and local sales taxes as published by the department  of taxation  and  finance  and  by  a notice that the sales tax paid on the purchase price,  lease  price  or  portion  thereof  being  refunded  is refundable  by  the  commissioner  of taxation and finance in accordance with the  provisions  of  subdivision  (f)  of  section  eleven  hundred thirty-nine  of the tax law. If applicable, refunds shall be made to the lessor and lessee as their  interests  may  appear  on  the  records  of ownership  kept  by  the  department  of motor vehicles, as follows: the lessee shall receive the capitalized cost and the lessor  shall  receive the   lease  price  less  the  aggregate  deposit  and  rental  payments  previously paid to the lessor for the leased vehicle. The terms  of  the lease  shall be deemed terminated contemporaneously with the date of the arbitrator's decision and award and no  penalty  for  early  termination shall  be  assessed as a result thereof. Refunds shall be accompanied by the proper application form for credit or  refund  of  state  and  local sales  tax  as published by the department of taxation and finance and a notice that the sales tax paid on the lease  price  or  portion  thereof being refunded is refundable by the commissioner of taxation and finance in  accordance  with the provisions of subdivision (f) of section eleven hundred thirty-nine of the tax law.  (3) It shall be an affirmative defense to any claim under this section that:  (i) the nonconformity, defect  or  condition  does  not  substantially impair such value; or  (ii)  the  nonconformity,  defect or condition is the result of abuse, neglect or  unauthorized  modifications  or  alterations  of  the  motor vehicle.  (d)  It  shall  be  presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle  to  the  applicable  express warranties, if:  (1)  the  same  nonconformity, defect or condition has been subject to repair four  or  more  times  by  the  manufacturer  or  its  agents  or authorized dealers within the first eighteen thousand miles of operation or  during  the  period  of  two  years  following  the date of original delivery of the motor vehicle to a consumer, whichever  is  the  earlier date, but such nonconformity, defect or condition continues to exist; or  (2)  the  vehicle is out of service by reason of repair of one or more nonconformities, defects or conditions for a cumulative total of  thirty or  more  calendar  days  during either period, whichever is the earlier date.  (e) The term of an express warranty, the two year warranty period  and the  thirty  day  out  of  service  period shall be extended by any time during which repair services are not available to the  consumer  because of a war, invasion or strike, fire, flood or other natural disaster.  (f)  Nothing  in  this  section  shall  in any way limit the rights or remedies which are otherwise available to a  consumer  under  any  other law.  (g)  If  a manufacturer has established an informal dispute settlement mechanism,  such  mechanism  shall  comply  in  all  respects  with  the provisions of this section and the provisions of subdivision (c) of this section  concerning  refunds  or  replacement  shall  not  apply  to any consumer who has not first resorted to such mechanism. In the event that an arbitrator in such an informal dispute mechanism awards a  refund  or replacement  vehicle,  he or she shall not reduce the award to an amount less than the full purchase price or the lease price, if applicable,  or a vehicle of equal value, plus all fees and charges except to the extent such reductions are specifically permitted under subdivision (c) of this section.  (h)  A  manufacturer  shall  have  up to thirty days from the date the consumer notifies the manufacturer of  his  or  her  acceptance  of  the arbitrator's decision to comply with the terms of that decision. Failure to comply with the thirty day limitation shall also entitle the consumer to  recover  a  fee  of  twenty-five  dollars  for  each business day of noncompliance up  to  five  hundred  dollars.  Provided,  however,  that nothing  contained  in  this subdivision shall impose any liability on a manufacturer where a delay beyond the thirty day period is  attributable to  a consumer who has requested a replacement vehicle built to order or with options that are not comparable to the vehicle  being  replaced  or  otherwise  made  compliance  impossible  within said period. In no event shall a consumer who has resorted  to  an  informal  dispute  settlement mechanism  be precluded from seeking the rights or remedies available by law.  (i) Any agreement entered into by a consumer for the purchase of a new motor  vehicle which waives, limits or disclaims the rights set forth in this section shall be void as contrary to  public  policy.  Said  rights shall inure to a subsequent transferee of such motor vehicle.   Any  provision  of  any  agreement  entered into by a consumer for the purchase of a new motor vehicle which includes as an additional cost for such motor vehicle an expense identified as being  for  the  purpose  of affording  such  consumer his or her rights under this section, shall be void as contrary to public policy.  (j) Any action brought pursuant to this  section  shall  be  commenced within  four years of the date of original delivery of the motor vehicle to the consumer.  (k) Each consumer shall have the  option  of  submitting  any  dispute arising  under  this section upon the payment of a prescribed filing fee to  an  alternate  arbitration   mechanism   established   pursuant   to regulations  promulgated  hereunder  by  the  New  York  state  attorney general. Upon application of the consumer and payment of the filing fee, all manufacturers shall submit to such alternate arbitration.   Such alternate  arbitration  shall  be  conducted  by  a  professional arbitrator  or  arbitration  firm  appointed  by  and  under regulations established by the New York state attorney general. Such mechanism shall insure the personal objectivity of its arbitrators and the right of each party to present its case, to be in attendance during  any  presentation made by the other party and to rebut or refute such presentation. In all other  respects,  such alternate arbitration mechanism shall be governed by article seventy-five of the civil practice law and  rules;  provided, however,  that  notwithstanding  paragraph  (i)  of  subdivision  (a) of section seventy-five hundred two of the civil practice  law  and  rules, special  proceedings  brought  before  a  court pursuant to such article seventy-five in relation to an arbitration hereunder  shall  be  brought only  in  the county where the consumer resides or where the arbitration was held or is pending.  (l) A court may award  reasonable  attorney's  fees  to  a  prevailing plaintiff  or  to  a  consumer  who  prevails  in any judicial action or proceeding arising out of an arbitration  proceeding  held  pursuant  to subdivision  (k) of this section. In the event a prevailing plaintiff is required to retain the services of an attorney to enforce collection  of an  award granted pursuant to this section, the court may assess against the manufacturer reasonable attorney's fees  for  services  rendered  to enforce collection of said award.  (m)  (1)  Each  manufacturer  shall require that each informal dispute settlement mechanism used by it provide, at a minimum, the following:  (i) that the arbitrators participating in such mechanism  are  trained in  arbitration  and  familiar with the provisions of this section, that the arbitrators and consumers who request arbitration are provided  with a  written  copy  of  the  provisions of this section, together with the notice set forth below entitled "NEW CAR LEMON LAW BILL OF RIGHTS",  and that  consumers,  upon request, are given an opportunity to make an oral presentation to the arbitrator;  (ii) that the rights and procedures used in the mechanism comply  with federal regulations promulgated by the federal trade commission relating to informal dispute settlement mechanisms; and  (iii)  that  the  remedies  set  forth  under  subdivision (c) of this section are awarded if, after a reasonable number of attempts have  been  undertaken  under subdivision (d) of this section to conform the vehicle to the express warranties, the defect or nonconformity still exists.  (2)   The   following  notice  shall  be  provided  to  consumers  and arbitrators and shall be printed in  conspicuous  ten  point  bold  face type:                     NEW CAR LEMON LAW BILL OF RIGHTS  (1)  IN  ADDITION  TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR NEW CAR, IF PURCHASED AND REGISTERED IN NEW  YORK  STATE,  IS  WARRANTED AGAINST  ALL  MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR TWO YEARS, WHICHEVER COMES FIRST.  (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER,  ITS  AGENT,  OR AUTHORIZED DEALER.  (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.  (4)  IF  THE  SAME  PROBLEM  CANNOT  BE  REPAIRED  AFTER  FOUR OR MORE ATTEMPTS; OR IF YOUR CAR IS OUT OF SERVICE TO REPAIR  A  PROBLEM  FOR  A TOTAL  OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE MANUFACTURER OR ITS AGENT REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR CONDITION  WITHIN TWENTY  DAYS  OF  RECEIPT  OF  NOTICE SENT BY YOU TO THE MANUFACTURER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; THEN YOU MAY  BE  ENTITLED  TO EITHER A COMPARABLE CAR OR A REFUND OF YOUR PURCHASE PRICE, PLUS LICENSE AND REGISTRATION FEES, MINUS A MILEAGE ALLOWANCE ONLY IF THE VEHICLE HAS BEEN  DRIVEN  MORE  THAN 12,000 MILES. SPECIAL NOTIFICATION REQUIREMENTS MAY APPLY TO MOTOR HOMES.  (5) A MANUFACTURER MAY DENY LIABILITY IF  THE  PROBLEM  IS  CAUSED  BY ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE CAR.  (6)  A  MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND YOUR PURCHASE PRICE IF THE PROBLEM DOES  NOT  SUBSTANTIALLY  IMPAIR  THE VALUE OF YOUR CAR.  (7)  IF  A  MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE MANUFACTURER MAY REFUSE TO EXCHANGE A  COMPARABLE  CAR  OR  REFUND  YOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.  (8)  IF  THE  MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU MAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO  YOUR  ATTORNEY'S FEES IF YOU PREVAIL.  (9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.  (10)  AS  AN  ALTERNATIVE  TO THE ARBITRATION PROCEDURE MADE AVAILABLE THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO AN INDEPENDENT ARBITRATOR, APPROVED BY THE  ATTORNEY  GENERAL.  YOU  MAY HAVE  TO  PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER OFFICE OR ATTORNEY GENERAL'S OFFICE TO  FIND  OUT  HOW  TO  ARRANGE  FOR INDEPENDENT ARBITRATION.  (3)  All  informal  dispute  settlement  mechanisms shall maintain the following records:  (i) the number of purchase price and lease price refunds  and  vehicle replacements  requested,  the number of each awarded in arbitration, the amount of each award and the number of awards that were complied with in a timely manner;  (ii) the number of awards  where  additional  repairs  or  a  warranty extension  was  the  most  prominent remedy, the amount or value of each award, and the number of such awards that were complied with in a timely manner;  (iii) the number and total dollar amount of awards where some form  of reimbursement  for  expenses  or  compensation  for  losses was the most prominent remedy, the amount or value of each award and  the  number  of such awards that were complied with in a timely manner; and  (iv)  the average number of days from the date of a consumer's initial request to arbitrate until the date of the final  arbitrator's  decision and  the  average number of days from the date of the final arbitrator's  decision to the date on which  performance  was  satisfactorily  carried out.  (n) Special provisions applicable to motor homes:  (1)  To  the  extent  that  the  provisions  of  this  subdivision are inconsistent with the other provisions of this section,  the  provisions of this subdivision shall apply.  (2)  For purposes of this section, the manufacturer of a motor home is any person, partnership, corporation, factory branch,  or  other  entity engaged  in  the business of manufacturing or assembling new motor homes for sale in this state.  (3) This section does not apply to  the  living  facilities  of  motor homes,  which  are  the  portions  thereof  designed, used or maintained primarily as living quarters and shall include, but not  be  limited  to the  flooring,  plumbing  system  and  fixtures,  roof  air conditioner, furnace, generator, electrical systems other than  automotive  circuits, the  side  entrance  door, exterior compartments, and windows other than the windshield and driver and front passenger windows.  (4) If, within the first  eighteen  thousand  miles  of  operation  or during  the  period of two years following the date of original delivery of the motor vehicle to such consumer, whichever is  the  earlier  date, the manufacturer of a motor home or its agents or its authorized dealers or  repair  shops to which they refer a consumer are unable to repair or correct any covered defect or condition which substantially impairs  the value  of  the  motor  home to the consumer after a reasonable number of attempts, the motor home manufacturer, at the option  of  the  consumer, shall  replace  the  motor  home with a comparable motor home, or accept return of the motor home from the consumer and refund  to  the  consumer the  full  purchase  price  or,  if  applicable, the lease price and any trade-in allowance plus fees and charges as well as the other  fees  and charges set forth in paragraph one of subdivision (c) of this section.  (5) If an agent or authorized dealer of a motor home manufacturer or a repair  shop to which they refer a consumer refuses to undertake repairs within seven days of receipt of notice by a consumer of a nonconformity, defect  or  condition  within  the  first  eighteen  thousand  miles  of operation  or  during  the  period  of  two  years following the date of original delivery of the motor home to such consumer, whichever  is  the earlier  date,  the  consumer  may immediately forward written notice of such refusal to the motor home manufacturer by  certified  mail,  return receipt  requested.  The motor home manufacturer or its authorized agent or a repair shop to which they refer a consumer shall have  twenty  days from  receipt  of  such  notice  of refusal to commence such repairs. If within such twenty day  period,  the  motor  home  manufacturer  or  its authorized agent or repair shop to which they refer a consumer, fails to commence such repairs, the motor home manufacturer, at the option of the consumer,  shall replace the motor home with a comparable motor home, or accept return of the motor home from the  consumer  and  refund  to  the consumer the full purchase price or, if applicable, the lease price, and any  trade-in allowance or other charges, fees, or allowances. Such fees and charges shall include but  not  be  limited  to  all  license  fees, registration  fees,  and  any  similar  governmental  charges,  less  an allowance for the consumer's use of the vehicle in excess of  the  first twelve  thousand  miles  of  operation pursuant to the mileage deduction formula defined in paragraph four of subdivision (a)  of  this  section, and  a  reasonable  allowance  for any damage not attributable to normal wear or improvements.  (6) If within the first eighteen thousand miles of operation or during the period of two years following the date of original delivery  of  the motor  home  to  such  consumer, whichever is the earlier date, the same  covered nonconformity, defect or condition in  a  motor  home  has  been subject  to  repair two times or a motor home has been out of service by reason of repair  for  twenty-one  days,  whichever  occurs  first,  the consumer  must  have reported this to the motor home manufacturer or its authorized dealer by certified mail, return receipt requested,  and  may institute any proceeding or other action pursuant to this section if the motor home has been out of service by reason of three repair attempts or for  at least thirty days. The special notification requirements of this paragraph shall only apply if the manufacturer or its authorized  dealer provides  a  prior written copy of the requirements of this paragraph to the consumer and receipt of the notice is acknowledged by  the  consumer in   writing.   If  the  consumer  who  has  received  notice  from  the manufacturer fails to comply with the special notification  requirements of  this paragraph, additional repair attempts or days out of service by reason of repair shall not be taken into account in determining  whether the  consumer is entitled to a remedy provided in paragraph four of this subdivision. However, additional repair attempts or days out of  service by  reason  of  repair  that occur after the consumer complies with such special notification requirements shall be taken into account in  making that determination. It shall not count as a repair attempt if the repair facility  is not authorized by the applicable motor home manufacturer to perform warranty work on the identified nonconformity. It shall count as only one repair attempt for a motor home if the  same  nonconformity  is being addressed a second time due to the consumer's decision to continue traveling  and  to  seek the repair of the same nonconformity at another repair facility rather than wait for the initial repair to be completed.  (7) Nothing in this  section  shall  in  any  way  limit  any  rights, remedies  or causes of action that a consumer or motor home manufacturer may otherwise have against the manufacturer of the motor home's chassis, or its propulsion and other components.  (8) (A) Each manufacturer shall require  that  each  informal  dispute settlement mechanism used by it provide, at a minimum, the following:  (i)  that  the arbitrators participating in such mechanism are trained in arbitration and familiar with the provisions of  this  section,  that the  arbitrators and consumers who request arbitration are provided with a written copy of the provisions of  this  section,  together  with  the notice  set  forth  below  entitled  "NEW  MOTOR  HOME LEMON LAW BILL OF RIGHTS", and that consumers, upon request, are given an  opportunity  to make an oral presentation to the arbitrator;  (ii)  that the rights and procedures used in the mechanism comply with federal regulations promulgated by the federal trade commission relating to informal dispute settlement mechanisms; and  (iii) that the remedies  set  forth  under  subdivision  (c)  of  this section  are awarded if, after a reasonable number of attempts have been undertaken under subdivision (d) of this section to conform the  vehicle to the express warranties, the defect or nonconformity still exists.  (B) Notwithstanding the provisions of paragraph two of subdivision (m) of  this  section,  the  following provision shall apply for purposes of this subdivision:   The following notice shall be provided to  consumers  and  arbitrators and shall be printed in conspicuous ten point bold face type:                   NEW MOTOR HOME LEMON LAW BILL OF RIGHTS  (1)  IN  ADDITION  TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR NEW MOTOR HOME, IF PURCHASED  AND  REGISTERED  IN  NEW  YORK  STATE,  IS WARRANTED  AGAINST  ALL  MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR TWO YEARS, WHICHEVER COMES FIRST. HOWEVER, THIS ADDITIONAL WARRANTY DOES NOT APPLY TO THE  LIVING  FACILITIES  OF  MOTOR  HOMES,  WHICH  ARE  THE PORTIONS  THEREOF  DESIGNED,  USED  OR  MAINTAINED  PRIMARILY  AS LIVING  QUARTERS AND SHALL INCLUDE, BUT NOT BE LIMITED TO THE FLOORING, PLUMBING SYSTEM  AND  FIXTURES,  ROOF  AIR   CONDITIONER,   FURNACE,   GENERATOR, ELECTRICAL  SYSTEMS  OTHER  THAN  AUTOMOTIVE CIRCUITS, THE SIDE ENTRANCE DOOR,  EXTERIOR  COMPARTMENTS, AND WINDOWS OTHER THAN THE WINDSHIELD AND DRIVER AND FRONT PASSENGER WINDOWS.  (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER,  ITS  AGENT,  OR AUTHORIZED DEALER.  (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.  (4)  IF,  WITHIN  THE  FIRST  EIGHTEEN  THOUSAND MILES OF OPERATION OR DURING THE PERIOD OF TWO YEARS FOLLOWING THE DATE OF  ORIGINAL  DELIVERY OF THE MOTOR VEHICLE TO SUCH CONSUMER, WHICHEVER IS THE EARLIER DATE THE MANUFACTURER  OF A MOTOR HOME OR ITS AGENTS OR ITS AUTHORIZED DEALERS OR REPAIR SHOPS TO WHICH THEY REFER A CONSUMER  ARE  UNABLE  TO  REPAIR  OR CORRECT  ANY COVERED DEFECT OR CONDITION WHICH SUBSTANTIALLY IMPAIRS THE VALUE OF THE MOTOR HOME TO THE CONSUMER AFTER  A  REASONABLE  NUMBER  OF ATTEMPTS,  THE  MOTOR  HOME MANUFACTURER, AT THE OPTION OF THE CONSUMER, SHALL REPLACE THE MOTOR HOME WITH A COMPARABLE  MOTOR  HOME,  OR  ACCEPT RETURN  OF  THE  MOTOR HOME FROM THE CONSUMER AND REFUND TO THE CONSUMER THE FULL PURCHASE PRICE OR, IF  APPLICABLE,  THE  LEASE  PRICE  AND  ANY TRADE-IN ALLOWANCE, PLUS FEES AND CHARGES, AS WELL AS THE OTHER FEES AND CHARGES,  INCLUDING  BUT  NOT  LIMITED TO ALL LICENSE FEES, REGISTRATION FEES, AND ANY SIMILAR GOVERNMENTAL CHARGES, LESS AN  ALLOWANCE  FOR  THE CONSUMER'S  USE  OF THE VEHICLE IN EXCESS OF TWELVE THOUSAND MILES TIMES THE PURCHASE PRICE, OR THE LEASE PRICE IF  APPLICABLE,  OF  THE  VEHICLE DIVIDED  BY  ONE  HUNDRED THOUSAND MILES, AND A REASONABLE ALLOWANCE FOR ANY DAMAGE NOT ATTRIBUTABLE TO NORMAL WEAR OR IMPROVEMENTS.  (5) SPECIAL NOTICE PROVISION: IF WITHIN EIGHTEEN THOUSAND MILES OR TWO YEARS, WHICHEVER COMES FIRST, THE SAME COVERED NONCONFORMITY, DEFECT  OR CONDITION  IN  YOUR  MOTOR  HOME HAS BEEN SUBJECT TO REPAIR TWO TIMES OR YOUR MOTOR HOME HAS  BEEN  OUT  OF  SERVICE  BY  REASON  OF  REPAIR  FOR TWENTY-ONE  DAYS,  WHICHEVER COMES FIRST, YOU MUST HAVE REPORTED THIS TO THE MOTOR HOME MANUFACTURER OR ITS AUTHORIZED DEALER BY CERTIFIED  MAIL, RETURN  RECEIPT REQUESTED, AND YOU MAY INSTITUTE ANY PROCEEDING OR OTHER ACTION PURSUANT TO THE LEMON LAW IF THE  MOTOR  HOME  HAS  BEEN  OUT  OF SERVICE  BY REASON OF THREE REPAIR ATTEMPTS OR FOR AT LEAST THIRTY DAYS. THIS SPECIAL NOTICE REQUIREMENT SHALL ONLY APPLY IF THE MANUFACTURER  OR ITS  AUTHORIZED DEALER PROVIDES WRITTEN COPY OF THE REQUIREMENTS OF THIS PARAGRAPH TO YOU AND  RECEIPT  OF  NOTICE  IS  ACKNOWLEDGED  BY  YOU  IN WRITING.   IF   YOU   FAIL  TO  COMPLY  WITH  THE  SPECIAL  NOTIFICATION REQUIREMENTS OF THIS PARAGRAPH, ADDITIONAL REPAIR ATTEMPTS OR  DAYS  OUT OF  SERVICE  BY  REASON  OF  REPAIR  SHALL  NOT BE TAKEN INTO ACCOUNT IN DETERMINING WHETHER YOU ARE ENTITLED TO A REMEDY PROVIDED  IN  PARAGRAPH FOUR.  HOWEVER,  ADDITIONAL  REPAIR  ATTEMPTS  OR DAYS OUT OF SERVICE BY REASON  OF  REPAIR  THAT  OCCUR  AFTER  YOU  COMPLY  WITH  SUCH  SPECIAL NOTIFICATION  REQUIREMENTS  SHALL  BE  TAKEN INTO ACCOUNT IN MAKING THAT DETERMINATION. NOTICE TO THE MANUFACTURER SHOULD BE SENT TO THE FOLLOWING: NOTICE TO THE DEALER SHOULD BE SENT TO THE FOLLOWING:  (6) A MANUFACTURER MAY DENY LIABILITY IF  THE  PROBLEM  IS  CAUSED  BY ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE MOTOR HOME.  (7)  A  MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR HOME OR REFUND YOUR PURCHASE PRICE IF THE PROBLEM IS NOT COVERED  BY  THE  LEMON LAW OR DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF YOUR MOTOR HOME.  (8)  IF  A  MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR  HOME  OR  REFUND YOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.  (9)  IF  THE  MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU MAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO  YOUR  ATTORNEY'S FEES IF YOU PREVAIL.  (10) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.  (11)  AS  AN  ALTERNATIVE  TO THE ARBITRATION PROCEDURE MADE AVAILABLE THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO AN INDEPENDENT ARBITRATOR, APPROVED BY THE  ATTORNEY  GENERAL.  YOU  MAY HAVE  TO  PAY  A  FEE  FOR SUCH ARBITRATION. CONTACT YOUR LOCAL CONSUMER OFFICE OR ATTORNEY GENERAL'S OFFICE TO  FIND  OUT  HOW  TO  ARRANGE  FOR INDEPENDENT ARBITRATION.  (o)  At  the  time  of  purchase  or  lease of a motor vehicle from an authorized dealer in this state, the manufacturer shall provide  to  the dealer  or  leaseholder,  and the dealer or leaseholder shall provide to the consumer a notice, printed in not less than eight  point  bold  face type,  entitled  "New  Car  Lemon  Law Bill of Rights". The text of such notice shall be identical with the notice required by paragraph  two  of subdivision (m) of this section.