Maine Revised Statutes Title 10 Sec. 1175 – Delivery and preparation obligations; product liability and implied warranty complaints
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Terms Used In Maine Revised Statutes Title 10 Sec. 1175
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1171
- Motor vehicle: means any motor-driven vehicle, except motorcycles and recreational vehicles defined under section 1432, subsection 18?A, required to be registered under Title 29?A, chapter 5. See Maine Revised Statutes Title 10 Sec. 1171
Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. The delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation to be paid to its motor vehicle dealers for the work and services they shall be required to perform in connection with such delivery and preparation obligations shall constitute any such dealer’s only responsibility for product liability as between such dealer and such manufacturer. The compensation as set forth on said schedule shall be reasonable. [PL 1975, c. 573 (NEW).]
In any action or claim brought against the dealer on a product liability complaint in which it is later determined that the manufacturer is liable, the dealer shall be entitled, from the manufacturer, to receive its reasonable costs and attorney’s fees incurred in defending the claim or action. [PL 1979, c. 498, §2 (NEW).]
In any action or claim brought against the dealer on a breach of implied warranty complaint in which it is later determined that the manufacturer is liable, the dealer shall be entitled, from the manufacturer, to receive its reasonable costs and attorney’s fees incurred in defending the claim or action. In any such implied warranty action, a dealer shall have the rights of a buyer under Title 11, section 2?607, subsection (5). [PL 1985, c. 221 (NEW).]
The court shall consider the dealer’s share in the responsibility for the damages in awarding costs and attorney’s fees. [PL 1979, c. 498, §2 (NEW).]
SECTION HISTORY
PL 1975, c. 573 (NEW). PL 1979, c. 498, §2 (AMD). PL 1985, c. 221 (AMD).