Maine Revised Statutes Title 10 Sec. 1438 – Delivery and preparation obligations; product liability and implied warranty complaints
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Terms Used In Maine Revised Statutes Title 10 Sec. 1438
- 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.
- Dealer: means a person, firm, corporation or business entity licensed or required to be licensed under Title 29?A, including a recreational vehicle dealer to whom a dealer agreement is offered or granted. See Maine Revised Statutes Title 10 Sec. 1432
- Manufacturer: includes distributor or wholesaler, distributor branch, distributor representative, factory branch and factory representative. See Maine Revised Statutes Title 10 Sec. 1432
- Recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers and folding camping trailers. See Maine Revised Statutes Title 10 Sec. 1432
- Recreational vehicle dealer: means any person who sells or solicits or advertises the sale of new recreational vehicles. See Maine Revised Statutes Title 10 Sec. 1432
A manufacturer shall specify to the dealer the delivery and preparation obligations of its recreational vehicle dealers prior to delivery of new recreational vehicles to retail buyers. The delivery and preparation obligations of its recreational vehicle dealers and a schedule of the compensation to be paid to its recreational vehicle dealers for the work and services the dealers 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 stated in the schedule must be reasonable. [PL 1997, c. 427, §2 (NEW).]
In any action or claim brought against the recreational vehicle 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 its reasonable costs and attorney’s fees incurred in defending the claim or action. [PL 1997, c. 427, §2 (NEW).]
In any action or claim brought against the recreational vehicle 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 implied warranty action, a dealer has the rights of a buyer under Title 11, section 2?607, subsection (5). [PL 1997, c. 427, §2 (NEW).]
The court shall consider the recreational vehicle dealer’s share in the responsibility for the damages in awarding costs and attorney’s fees. [PL 1997, c. 427, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 427, §2 (NEW).