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Alaska Lemon Law
Alaska
Statutes, Title 45, Chapter 45, §§ 300-360
AS
45.45.300. Repairs Required.
If a new motor vehicle does not conform to an
express warranty that is applicable to it and
the owner of the vehicle reports the defect
or condition to the manufacturer of the
vehicle or to the manufacturer’s or
distributor’s dealer during the term of the
warranty, the manufacturer, distributor,
dealer, or a repairing agent shall make the
necessary repairs to conform the vehicle to
the express warranty.
AS 45.45.305.
Replacement or Refund.
If
during the term of the express warranty or
within one year from the date of delivery of
the motor vehicle to the original owner,
whichever period terminates first, the
manufacturer, distributor, dealer, or
repairing agent is unable to conform the
motor vehicle to an applicable express
warranty after a reasonable number of
attempts, the manufacturer or distributor
shall accept the return of the nonconforming
motor vehicle, and, at the owner's option,
shall replace the nonconforming vehicle with
a new, comparable vehicle or shall refund the
full purchase price to the owner less a
reasonable allowance for the use of the motor
vehicle from the time it was delivered to the
original owner. A refund under this section
shall be made to a lienholder of record, if
any, and the owner, as their interests may
appear.
AS
45.45.310. Notice By Owner.
In
order to claim a refund or replacement under
AS 45.45.305, the owner shall give written
notice by certified mail to the manufacturer
and its dealer or repairing agent at any time
before 60 days have elapsed after the
expiration of the express warranty or the
one-year period after the date of delivery of
the motor vehicle to the original owner,
whichever period terminates first, (1)
stating that the vehicle has a nonconformity;
(2) providing a reasonable description of the
nonconformity; (3) stating that the
manufacturer, distributor, dealer, or
repairing agent has made a reasonable number
of attempts to conform the vehicle; and (4)
stating that the owner demands a refund or
replacement vehicle to be delivered on the
60th day after the mailing 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 vehicle before a refund or
replacement is made under AS 45.45.305.
AS
45.45.315. Exceptions.
An
owner may not receive a refund or replacement
under AS 45.45.300 - 45.45.360 if the
manufacturer or distributor shows that the
nonconformity complained of
(1)
does not substantially impair either the use
or the market value of the motor vehicle; or
(2)
is the result of alteration of the motor
vehicle by the owner or a person other than a
dealer or repairing agent that is not
authorized by the manufacturer or
distributor; or abuse or neglect by the owner
or a person other than the dealer or
repairing agent.
AS
45.45.320. Presumption.
A
presumption that a reasonable number of
attempts have been made to conform a motor
vehicle under an applicable express warranty
is established if:
(1)
the same nonconformity has been subject to
repair three or more times by the
manufacturer, distributor, dealer, or
repairing agent during the term of the
express warranty or the one-year period after
delivery of the motor vehicle to the original
owner, whichever period terminates first, but
the nonconformity continues to exist; or
(2)
the vehicle is out of service for repair for
a total of 30 or more business days during
the express warranty term or the one-year
period referred to in (1) of this section,
whichever period terminates first; any period
of time that repairs are not performed for
reasons that are beyond the control of the
manufacturer, distributor, dealer, or
repairing agent is excluded from the 30-day
time period referred to in this paragraph.
AS
45.45.325. Parts Availability.
A
manufacturer whose vehicles are sold in the
state through an authorized dealer shall
provide its dealer or repairing agent with
any part necessary to make a repair of a
nonconformity covered under an express
warranty, as soon as possible, without
additional charge for freight or handling, if
the part is not in the dealer's or agent's
inventory when the nonconforming vehicle is
brought to the dealer or repairing agent for
repair.
AS
45.45.335. Resale Without Disclosure
Prohibited.
A
motor vehicle returned under AS 45.45.305 may
not be resold by the manufacturer or
distributor in the state unless full
disclosure of the reason for the return is
made to the prospective buyer before the
resale is concluded.
AS
45.45.340. Other rights and remedies.
The
provisions of AS 45.45.300 - 45.45.360 do not
limit other rights and remedies that may be
available to the owner of a motor vehicle
under other provisions of law. This section
does not create a new cause of action against
a dealer or repairing agent who sells or
attempts to repair a motor vehicle found to
be nonconforming under AS 45.45.300 -
45.45.360.
AS
45.45.345. Repair Facilities.
A
manufacturer or distributor or motor vehicles
who authorizes the sale of the manufacturer's
or distributor's motor vehicles in the state
shall maintain authorized dealership
facilities within the state that are able to
perform the service and make the repairs
required by the manufacturer's express
warranty and by AS 45.45.300 - 45.45.360.
AS
45.45.350. Reimbursement of Shipping Costs.
A
manufacturer or distributor who accepts the
return of a nonconforming motor vehicle under
AS 45.45.305 shall reimburse the owner for
any reasonable cost incurred in shipping the
vehicle to and from the nearest authorized
facility for warranty service and repair of a
nonconformity that causes the return of the
vehicle.
AS
45.45.355. Arbitration or Mediation.
If
a manufacturer or distributor has established
an informal dispute settlement procedure that
substantially complies with the requirements
of 16 C.F.R. 703, as that section may be
amended, or if the manufacturer or
distributor, after receipt of notice required
by AS 45.45.310, offers in writing to
participate in an arbitration or mediation
process with the owner and the arbitration or
mediation decision is binding on the
manufacturer or distributor but not on the
owner, and if the informal dispute settlement
or arbitration or mediation process is
approved by the attorney general, the
provisions of AS 45.45.305 concerning refund
or replacement or AS 45.45.350 concerning
shipping costs do not apply to an owner who
has not first resorted to the informal
dispute settlement procedure or arbitration
or mediation process.
AS
45.45.360. Definitions.
Definitions
in AS 45.45.300 - 45.45.360:
(1)
"dealer" means a person who has
obtained a franchise from, or is authorized
by, a motor vehicle manufacturer to engage in
the retail sale and warranty repair of the
manufacturer's new motor vehicles in the
state;
(2)
"distributor" means a person who is
authorized by a manufacturer to engage in the
wholesale distribution of the manufacturer's
new motor vehicles in the state;
(3)
"express warranty" or
"warranty" means an express written
warranty provided by the manufacturer of a
new motor vehicle;
(4)
"full purchase price" means the
total price paid for a motor vehicle by the
original owner, including costs added to the
retail price, such as original registration
fees, transportation fees, dealer
preparation, and dealer installed options;
(5)
"manufacturer" means a person who
by labor transforms raw materials and
component parts into motor vehicles for
wholesale or retail sale;
(6)
"motor vehicle" or
"vehicle" means a land vehicle
having four or more wheels, that is
self-propelled by a motor, is normally used
for personal, family, or household purposes,
and is required to be registered under AS
28.10; but does not include a tractor, farm
vehicle, or a vehicle designed primarily for
off-road use;
(7)
"nonconformity" means a defect or
condition in a motor vehicle caused by a
manufacturer, distributor, dealer, or
repairing agent that substantially impairs
the use or market value of a vehicle;
(8)
"owner" means a purchaser, other
than for resale, of a new motor vehicle, and
a person to whom ownership of the motor
vehicle is transferred in conformity with AS
28;
(9)
"reasonable allowance" means an
amount attributable to an owner's use of a
motor vehicle; a "reasonable
allowance" may not exceed an amount
equal to the depreciation in value of the
vehicle for the period during which the
vehicle is available for use by the owner,
calculated by a straight line depreciation
method over seven years, plus an amount equal
to the depreciation in value of the vehicle
that is caused by any neglect or abuse by the
owner; or body damage not caused by a
nonconformity;
(10)
"repairing agent" means a person
who has been specifically authorized by a
motor vehicle manufacturer or distributor to
perform warranty repairs in the state on one
or more of the manufacturer's or
distributor's motor vehicles;
(11)
"substantially impairs the market
value" means a nonconformity that
substantially decreases the dollar value of a
vehicle to the owner when compared to the
dollar value of a similar vehicle that does
not have the nonconformity;
(12)
"substantially impairs the use"
means a nonconformity that prevents a motor
vehicle from being operated or makes the
vehicle unsafe to operate.
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