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Kansas Lemon Law
Kansas
Statutes Annotated 50-645
50-645
Motor vehicle warranties.
Definitions;
consumer rights and remedies.
(a)
As used in this act:
(1)
"Consumer" means the original
purchaser or lessee, other than for purposes
of resale, of a motor vehicle; and
(2)
"motor vehicle" means a new motor
vehicle which is sold or leased in this
state, and which is registered for a gross
weight of 12,000 pounds or less, and does not
include the customized parts of motor
vehicles which have been added or modified by
second stage manufacturers, first stage
converters or second stage converters as
defined in K.S.A. 8-2401, and amendments
thereto.
(b)
If a motor vehicle does not conform to all
applicable warranties, and the consumer
reports the nonconformity to the
manufacturer, its agent or its authorized
dealer during the term of any warranties or
during the period of one year following the
date of original delivery of the motor
vehicle to a consumer, whichever is the
earlier date, the manufacturer, its agent or
its authorized dealer shall make such repairs
as are necessary to conform the vehicle to
such warranties, notwithstanding the fact
that such repairs are made after the
expiration of any such term or such one-year
period.
(c)
If the manufacturer, or its agents or
authorized dealers, are unable to conform the
motor vehicle to any applicable warranty
after a reasonable number of attempts, the
manufacturer shall replace the motor vehicle
with a comparable motor vehicle under
warranty or accept return of the vehicle from
the consumer and refund to the consumer the
full purchase or lease price including all
collateral charges, less a reasonable
allowance for the consumer's use of the
vehicle as calculated from the most recent
edition of Your Driving Costs, published by
the American automobile association. Refunds
shall be made to the consumer, and lien
holder if any, as their interests may appear.
A reasonable allowance for use shall be that
amount directly attributable to use by the
consumer and any previous consumer prior to
the first report of the nonconformity to the
manufacturer, agent or dealer and during any
subsequent period when the vehicle is not out
of service by reason of repair. It shall be
an affirmative defense to any claim under
this act that:
(1)
An alleged nonconformity does not
substantially impair such use and value; or
(2)
a nonconformity is the result of abuse,
neglect or unauthorized modifications or
alterations of a motor vehicle by a consumer.
(d)
If the manufacturer receives actual notice of
the nonconformity, it shall be presumed that
a reasonable number of attempts have been
undertaken to conform a motor vehicle to the
applicable warranties, if:
(1)
The same nonconformity which substantially
impairs the use and value of the motor
vehicle to the consumer has been subject to
repair four or more times by the manufacturer
or its agents or authorized dealers within
the term of any warranty or during the period
of one year following the date of original
delivery of the motor vehicle to a consumer,
whichever is the earlier date, but such
nonconformity continues to exist;
(2)
the vehicle is out of service by reason of
repair for a cumulative total of 30 or more
calendar days during such term or period,
whichever is the earlier date; or
(3)
there have been 10 or more attempts to repair
any nonconformities which substantially
impair the use and value of the motor vehicle
to the consumer and such attempts to repair
have been attempts by the manufacturer or its
agents or authorized dealers.
The
term of any warranty, such one-year period
and such thirty-day period shall be extended
by any period of time during which repair
services are not available to the consumer
because of war, invasion, strike, fire, flood
or other natural disaster.
(e)
If a manufacturer has established an informal
dispute settlement procedure which complies
in all respects with the provisions of title
16, code of federal regulations, part 703, as
from time to time amended, the provisions of
subsection (c) concerning refunds or
replacement shall not apply to any consumer
who has not first resorted to such procedure.
(f)
The attorney general shall have jurisdiction
to enforce this section.
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