Sec. 15. (a) A reasonable number of attempts is considered to have been undertaken to correct a nonconformity if:

(1) the nonconformity has been subject to repair at least four (4) times by the manufacturer or its agents or authorized dealers, but the nonconformity continues to exist; or

Terms Used In Indiana Code 24-5-13-15

  • business day: means a day other than Sunday or a legal holiday (as defined in IC 1-1-9-1). See Indiana Code 24-5-13-2
  • buyer: means any person who, for purposes other than resale or sublease, enters into an agreement or contract within Indiana for the transfer, lease, or purchase of a motor vehicle covered under this chapter. See Indiana Code 24-5-13-3
  • dealer: has the meaning set forth in Indiana Code 24-5-13-3.1
  • manufacturer: means any person who is engaged in the business of manufacturing motor vehicles, or, in the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing motor vehicles. See Indiana Code 24-5-13-4
  • nonconformity: means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

    Indiana Code 24-5-13-6

  • vehicle: means any self-propelled vehicle that:

    Indiana Code 24-5-13-5

(2) the vehicle is out of service by reason of repair of any nonconformity for a cumulative total of at least thirty (30) business days, and the nonconformity continues to exist.

     (b) The thirty (30) business day period in subsection (a)(2) shall be extended by any period of time during which repair services are not available as a direct result of a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war. The manufacturer, its agent, or an authorized dealer shall provide or make provision for the free use of a vehicle to any buyer whose vehicle is out of service by reason of repair during a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war.

     (c) The burden is on the manufacturer to show that the reason for an extension under subsection (b) was the direct cause for the failure of the manufacturer, its agent, or authorized dealer to cure any nonconformity during the time of the event.

As added by P.L.150-1988, SEC.1. Amended by P.L.92-2013, SEC.82.