Delaware Code Title 6 Sec. 5002 – Duty to repair nonconforming automobiles
Current as of: 2023 | Check for updates
|
Other versions
If a new automobile does not conform to the manufacturer‘s express warranty, and the consumer reports the nonconformity to the manufacturer or its agent or dealer during the term of the warranty or during the period of 1 year following the date of original delivery of an automobile to the consumer, whichever is earlier, the manufacturer shall make, or arrange with its dealer or agent to make, within a reasonable period of time, all repairs necessary to conform the new automobile to the warranty, notwithstanding that the repairs or corrections are made after the expiration of the term of the warranty or the 1-year period.
Terms Used In Delaware Code Title 6 Sec. 5002
- Automobile: means any passenger motor vehicle which is leased or bought in Delaware or registered by the Division of Motor Vehicles in the Department of Transportation except the living facilities of motor homes. See Delaware Code Title 6 Sec. 5001
- Consumer: means the purchaser, other than for purposes of resale, of an automobile; a person to whom an automobile is transferred during the duration of an express warranty applicable to the automobile; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty. See Delaware Code Title 6 Sec. 5001
- Dealer: means a person actively engaged in the business of buying, selling or exchanging automobiles at retail and who has an established place of business. See Delaware Code Title 6 Sec. 5001
- Manufacturer: means a person engaged in the business of manufacturing, assembling or distributing automobiles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new automobiles. See Delaware Code Title 6 Sec. 5001
- Nonconformity: means a defect or condition which substantially impairs the use, value or safety of an automobile. See Delaware Code Title 6 Sec. 5001
- warranty: means the written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty. See Delaware Code Title 6 Sec. 5001
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302