Maine Revised Statutes Title 10 Sec. 1247 – Delivery and preparation obligations; product liability and implied warranty complaints
Current as of: 2023 | Check for updates
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Terms Used In Maine Revised Statutes Title 10 Sec. 1247
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "wholesaler" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1242
- Personal sports mobile: means any snowmobile as defined in Title 12, section 13001, subsection 25; any all-terrain vehicle as defined in Title 12, section 13001, subsection 3; any motorcycle as defined in Title 29?A, section 101, subsection 38; and any personal watercraft as defined in Title 12, section 13001, subsection 23. See Maine Revised Statutes Title 10 Sec. 1242
- Personal sports mobile dealer: means any person who sells or solicits or advertises the sale of new or used personal sports mobiles. See Maine Revised Statutes Title 10 Sec. 1242
Every manufacturer shall specify to the dealer the delivery and preparation obligations of its personal sports mobile dealers prior to delivery of new personal sports mobiles to retail buyers. The delivery and preparation obligations of its personal sports mobile dealers and a schedule of the compensation to be paid to its personal sports mobile dealers for the work and services they are required to perform in connection with the delivery and preparation are the dealer’s only responsibility for product liability between that dealer and that manufacturer. The compensation set forth on the schedule must be reasonable. [PL 1997, c. 473, §3 (NEW).]
In any action or claim brought against the personal sports mobile dealer on a product liability complaint in which it is later determined that the manufacturer is liable, the dealer is entitled to receive from the manufacturer that dealer’s reasonable costs and attorney’s fees incurred in defending the claim or action. [PL 1997, c. 473, §3 (NEW).]
In any action or claim brought against the personal sports mobile dealer on a breach of implied warranty complaint in which it is later determined that the manufacturer is liable, the dealer is entitled to receive from the manufacturer the dealer’s reasonable costs and attorney’s fees incurred in defending the claim or action. In any such implied warranty action, a dealer has the rights of a buyer under Title 11, section 2?607, subsection (5). [RR 2021, c. 2, Pt. A, §15 (COR).]
The court shall consider the personal sports mobile dealer’s share in the responsibility for the damages in awarding costs and attorney’s fees. [PL 1997, c. 473, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 473, §3 (NEW). RR 2021, c. 2, Pt. A, §15 (COR).