Delaware Code Title 21 Sec. 8409 – Inspection and rejection by the dealer
(a) If a new recreational vehicle or new recreational trailer is damaged prior to transit to a new recreational vehicle dealer or is damaged in transit to the new recreational vehicle dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the new recreational vehicle dealer shall notify the manufacturer or distributor of the damage within the timeframe specified in the manufacturer-dealer agreement and:
(1) Shall request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or to otherwise correct the damage; or
(2) Shall reject the vehicle within the timeframe set forth in subsection (d) of this section.
Terms Used In Delaware Code Title 21 Sec. 8409
- Distributor: means a person, firm, corporation, or business entity that purchases new recreational vehicles or new recreational trailers from a manufacturer for resale to new recreational vehicle dealers. See Delaware Code Title 21 Sec. 8402
- Manufacturer: means a person, firm, corporation, or business entity that engages in the manufacturing of new recreational vehicles or new recreational trailers. See Delaware Code Title 21 Sec. 8402
- Manufacturer-dealer agreement: means a written agreement or contract entered into between a manufacturer and a new recreational vehicle dealer that fixes the rights and responsibilities of the parties and pursuant to which the new recreational vehicle dealer sells new recreational vehicles or new recreational trailers. See Delaware Code Title 21 Sec. 8402
- New recreational trailer: means a travel trailer, fifth-wheel trailer, or folding camping trailer which has not been titled. See Delaware Code Title 21 Sec. 8402
- New recreational vehicle: means a motorhome which has not been titled. See Delaware Code Title 21 Sec. 8402
- New recreational vehicle dealer: means a person, firm, corporation, or business entity who is engaged in the business of buying, selling, or exchanging new recreational vehicles or new recreational trailers. See Delaware Code Title 21 Sec. 8402
(b) If a manufacturer or distributor refuses or fails to authorize repair of damage pursuant to subsection (a) of this section within 10 days after receipt of notification, or if the new recreational vehicle dealer rejects the new recreational vehicle or new recreational trailer because of damage, ownership of the new recreational vehicle or new recreational trailer reverts to the manufacturer or distributor.
(c) A new recreational vehicle dealer shall exercise due care while the damaged new recreational vehicle or new recreational trailer is in the new recreational vehicle dealer’s custody, but the new recreational vehicle dealer has no other obligations, financial or otherwise, with respect to the vehicle.
(d) The timeframe for inspection and rejection of a new recreational vehicle or new recreational trailer by a new recreational vehicle dealer must be part of the manufacturer-dealer agreement and may not be less than 2 business days after the physical delivery of the vehicle.
(e) A new recreational vehicle or new recreational trailer that has, at the time of delivery to a new recreational vehicle dealer, an unreasonable amount of miles on its odometer as determined by the new recreational vehicle dealer, may be subject to rejection by the new recreational vehicle dealer and reversion of the vehicle to the manufacturer or distributor. In no instance may a new recreational vehicle dealer deem an amount less than the distance between the new recreational vehicle dealer and the manufacturer’s factory or a distributor’s point of distribution, plus 100 miles, as unreasonable.