Maine Revised Statutes Title 10 Sec. 1245 – Transportation damages
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1. Liability of new dealer after acceptance. Notwithstanding the terms, provisions or conditions of any agreement or franchise, the new personal sports mobile dealer is solely liable for damages to new personal sports mobiles after acceptance from the carrier and before delivery to the ultimate purchaser.
[PL 1997, c. 473, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1245
- 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" "wholesaler" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1242
- New personal sports mobile: means a personal sports mobile that has not been sold previously to any person except a distributor or wholesaler or personal sports mobile dealer for resale. See Maine Revised Statutes Title 10 Sec. 1242
- Personal sports mobile: means any snowmobile as defined in Title 12, section 13001, subsection 25; any all-terrain vehicle as defined in Title 12, section 13001, subsection 3; any motorcycle as defined in Title 29?A, section 101, subsection 38; and any personal watercraft as defined in Title 12, section 13001, subsection 23. See Maine Revised Statutes Title 10 Sec. 1242
- Personal sports mobile dealer: means any person who sells or solicits or advertises the sale of new or used personal sports mobiles. See Maine Revised Statutes Title 10 Sec. 1242
2. Liability of manufacturer. Notwithstanding the terms, provisions or conditions of any agreement or franchise, the manufacturer is liable for all damages to personal sports mobiles before delivery to a carrier or transporter.
[PL 1997, c. 473, §3 (NEW).]
3. Additional liability of dealer. Notwithstanding the provisions of subsections 1 and 2, the new personal sports mobile dealer is liable for damages to new personal sports mobiles after delivery to the carrier if the dealer selects the mode of transportation and the carrier. In all other instances, the manufacturer is liable for carrier-related new personal sports mobile damage as long as the new personal sports mobile dealer annotates the bill of lading or other carrier document indicating damages observed at the time of delivery to the new personal sports mobile dealer and promptly notifies the manufacturer of any concealed damage discovered after delivery.
[PL 1997, c. 473, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 473, §3 (NEW).