Section 6. Presumption of a reasonable number of attempts.
(a) General rule.--It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:
(1) the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or
(2) the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days.
(3) For a motorcycle, manufacturer-sourced parts have been used in the attempts to repair the nonconformity. ((3) added Nov. 18, 2024, P.L.1205, No.151)
(b) Time period extension.--
(1) The minimum number of calendar days provided for in subsection (a)(2) shall be extended by a period of not more than 30 additional calendar days if the repair cannot be completed by the manufacturer, its agent or authorized dealer by reason of war, act of terrorism, civil unrest, fire, flood or natural disaster.
(2) The minimum number of calendar days provided for in paragraph (1) may be extended for not more than 90 additional calendar days if the manufacturer files a sworn affidavit with the Office of Attorney General stating that repair could not be completed because of one or more of the reasons described in paragraph (1).
(3) Paragraphs (1) and (2) shall apply only if the manufacturer, its agent or authorized dealer lends a motor vehicle to the owner at no charge during the period of time under paragraphs (1) and (2), respectively, that the owner's vehicle is with the manufacturer, its agent or authorized dealer for repair.
(4) The minimum number of calendar days provided under subsection (a)(2) shall not apply to the period during which a motorcycle is being stored at a manufacturer's authorized service and repair facility, either as a courtesy to the purchaser or for compensation, even if repairs to correct a nonconformity are made during the storage period. This paragraph shall apply if the purchaser waives the minimum calendar day period in writing or enters into a contract for storage of the motorcycle. A waiver under this paragraph shall contain the signature of the purchaser and a representative of the manufacturer's authorized service and repair facility. ((4) added Nov. 18, 2024, P.L.1205, No.151)
(c) Applicability.--Subsections (a) and (b) shall only apply to a motorcycle if all attempts to correct a nonconformity are made by the same manufacturer's authorized service and repair facility or if the purchaser provides a complete set of repair records, related to the nonconformity, to a manufacturer's authorized service and repair facility that has not previously attempted to repair the nonconformity. The manufacturer's authorized service and repair facility that performed the repairs shall provide an affidavit that the nonconformity has been subject to repair three times. ((c) added Nov. 18, 2024, P.L.1205, No.151)
(6 amended Apr. 12, 2012, P.L.245, No.33)