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Oklahoma Statutes Annotated, Title 15, § 901
15-901 Motor vehicles - Repairing under warranty.
A.
As used in this act:
1. "Consumer" means the purchaser, other than
for purposes of resale, of a motor vehicle, any person to whom
such motor vehicle is transferred during the duration of an
express warranty applicable to such motor vehicle, and any other
person entitled by the terms of such warranty to enforce the
obligations of the warranty; and
2. "Motor vehicle" means any motor-driven
vehicle required to be registered under the Motor Vehicle License
and Registration Act, Sections 22 et seq. of Title 47 of the
Oklahoma Statutes, excluding vehicles above ten thousand (10,000)
pounds gross vehicle weight and the living facilities of motor
homes.
B.
For the purposes of this act, if a new motor vehicle does not
conform to all applicable express warranties, and the consumer
reports the nonconformity, directly in writing, to the
manufacturer, its agent or its authorized dealer during the term
of such express warranties or during the period of one (1) year
following the date of original delivery of the motor vehicle to a
consumer, whichever is the earlier date, the manufacturer, its
agent or its authorized dealer shall make such repairs as are
necessary to conform the vehicle to such express warranties,
notwithstanding the fact that such repairs are made after the
expiration of such term or such one-year period.
C.
If the manufacturer, or its agents or authorized dealers are
unable to conform the motor vehicle to any applicable express
warranty by repairing or correcting any defect or condition which
substantially impairs the use and value of the motor vehicle to
the consumer after a reasonable number of attempts, the
manufacturer shall replace the motor vehicle with a new motor
vehicle or accept return of the vehicle from the consumer and
refund to the consumer the full purchase price including all
taxes, license, registration fees and all similar governmental
fees, excluding interest, less a reasonable allowance for the
consumer's use of the vehicle. Refunds shall be made to the
consumer, and lien holder if any, as their interests may appear.
A reasonable allowance for use shall be that amount directly
attributable to use by the consumer prior to his first written
report of the nonconformity to the manufacturer, agent or dealer
and during any subsequent period when the vehicle is not out of
service by reason of repair. It shall be an affirmative defense
to any claim under this act
(1) that an alleged nonconformity does not
substantially impair such use and value or
(2) that a nonconformity is the result of abuse,
neglect or unauthorized modifications or alterations of a motor
vehicle. In no event shall the presumption described in this
subsection apply against a manufacturer unless the manufacturer
has received prior direct written notification from or on behalf
of the consumer and has had an opportunity to cure the defect
alleged.
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 has been subject to repair
four or more times by the manufacturer or its agents or
authorized dealers within the express warranty term or during the
period of one (1) year following the date of original delivery of
the motor vehicle to a consumer, whichever is the earlier date,
but such nonconformity continues to exist or
(2) the vehicle is out of service by reason of repair
for a cumulative total of forty five (45) or more calendar days
during such term or during such period, whichever is the earlier
date. The term of an express warranty, such one-year period and
such forty five day period shall be extended by any period of
time during which repair services are not available to the
consumer because of a war, invasion, strike or fire, flood or
other natural disaster.
E.
Nothing in this act shall in any way limit the rights or remedies
which are otherwise available to a consumer under any other law.
F.
If a manufacturer has established an informal dispute settlement
procedure which complies in all respects with the provisions of
Title 16, Code of Federal Regulations, Part 703, as from time to
time amended, the provisions of subsection C of this section
concerning refunds or replacement shall not apply to any consumer
who has not first resorted to such procedure.
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