(1) An owner who purchases a new recreational vehicle trailer and the manufacturer of the recreational vehicle trailer shall engage in mediation concerning resolution of a nonconformity in the recreational vehicle trailer, as provided in this section, if:

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Terms Used In Utah Code 13-20-8

  • Consumer: means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5. See Utah Code 13-20-2
  • Manufacturer: means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Utah Code 13-20-2
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Recreational vehicle trailer: means a travel trailer, camping trailer, or fifth wheel trailer. See Utah Code 13-20-2
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) the owner notifies the manufacturer in writing of the nonconformity;
     (1)(b) the nonconformity is manifest in the structural or functional integrity of the roof, subfloor, or wall of the recreational vehicle trailer;
     (1)(c) following notification under Subsection (1)(a), the manufacturer makes at least four attempts to correct the nonconformity, but the nonconformity persists;
     (1)(d) following at least four attempts by the manufacturer to correct the nonconformity, the owner submits to the manufacturer a written request for mediation;
     (1)(e) the nonconformity substantially impairs the use, value, or safety of the recreational vehicle trailer; and
     (1)(f) the nonconformity does not include a defect or condition that occurs as a result of:

          (1)(f)(i) the use of the recreational vehicle trailer for business or commercial purposes; or
          (1)(f)(ii) abuse, neglect, modification, or alteration of the recreational vehicle trailer by a person other than the manufacturer or the manufacturer’s authorized service agent.
(2) Mediation under this section shall:

     (2)(a) take place in the county in which the owner purchased the recreational vehicle trailer; and
     (2)(b) be conducted by the Consumer Arbitration Program for Recreation Vehicles.
(3) The manufacturer of the recreational vehicle trailer shall pay the cost of mediation.
(4) The failure of mediation to resolve an owner’s concerns about an alleged nonconformity in the owner’s recreational vehicle trailer does not impair or affect any right or remedy the owner otherwise has under the law.