Marine Products & Motorized
AS 45.27.190 – AS 45.27.220
Sec. 45.27.190. Replacement or refund.
- If, during the term of a warranty or within one year after the date of the delivery of the product to the ultimate purchaser, whichever period of time terminates first, the manufacturer or authorized dealer is unable to conform a product to an applicable warranty after a reasonable number of attempts, the manufacturer shall accept the return of the nonconforming product, and, at the ultimate purchaser's option, shall replace the nonconforming product with a new comparable product or refund the full purchase price to the owner after deducting a reasonable amount of money for the ultimate purchaser's use of the product from the date the product was delivered to the ultimate purchaser.
- The reasonable amount of money deducted under (a) of this section may not exceed an amount that is equal to the sum of
- the amount of money that reflects the depreciation in value of the product for the period during which the product was available for use by the ultimate purchaser, as calculated by a straight line depreciation method over seven years; and
- an amount of money that is equal to the depreciation in value of the product that was caused by
- neglect or abuse by the ultimate purchaser; or
- body damage that was not caused by the nonconformity.
- The manufacturer shall make the refund required by this section
- to the lienholder of record for the product, if any, to the extent of the lienholder's interest, and, if there is a balance after satisfying the lienholder's interest, to the ultimate purchaser; or
- entirely to the ultimate purchaser, if there is no lienholder of record for the product.
- In this section,
- "costs" include original registration fees, transportation fees, authorized dealer's preparation fees, and the cost of options installed by the authorized dealer;
- "full purchase price" means the total price paid for a product by the ultimate purchaser, including any costs added to the retail price.
Sec. 45.27.200. Notice by ultimate purchaser.
- To claim a refund or replacement under AS 45.27.190 , an ultimate purchaser shall give written notice by certified mail to the manufacturer and its authorized dealer before 60 days have elapsed after the termination of whichever of the following periods of time terminates first:
- the term of the warranty; or
- one year after the date of delivery of the product to the ultimate purchaser.
- The notice required by (a) of this section must
- state that the product has a nonconformity;
- provide a reasonable description of the nonconformity;
- state that the manufacturer or authorized dealer has made a reasonable number of attempts to conform the product to the warranty; and
- state that the ultimate purchaser demands that a refund or a replacement of the product be delivered on or before the 60th day after the mailing date of the written notice.
- Within 30 days after receiving the notice required by this section, the manufacturer may make a final attempt to conform the product before the manufacturer is required to make a refund or replacement under AS 45.27.190.
Sec. 45.27.210. Exceptions.
An ultimate purchaser may not receive a refund for or replacement of a product under AS 45.27.190 - 45.27.220 if the manufacturer shows that the problem or condition because of which the ultimate purchaser is claiming a refund or a replacement
- is not a nonconformity; or
- is a nonconformity that resulted from
- alteration of the product by the ultimate purchaser, or by a person who is not the authorized dealer or otherwise authorized by the manufacturer or distributor to make the alteration; or
- abuse or neglect by the ultimate purchaser or another person other than the authorized dealer.
Sec. 45.27.220. Presumption.
A rebuttable presumption that a reasonable number of attempts have been made to conform a product to an applicable warranty is established if
- the nonconformity continues to exist even though the same nonconformity has been subject to repair three or more times by the manufacturer or authorized dealer during the term of the warranty or the one-year period after the date of delivery of the product to the ultimate purchaser, whichever period of time terminates first; or
- the product is out of service for repair for a total of 30 or more days on which the authorized dealer is open for business during the term of the warranty or during the one-year period after the date of delivery of the product to the ultimate purchaser, whichever period of time terminates first; a period of time during which repairs are not performed for reasons that are beyond the control of the manufacturer or authorized dealer is not included in satisfying the 30-day time period.