Kansas Statutes 75-1221. Warranty by manufacturer; terms
Terms Used In Kansas Statutes 75-1221
- Code: means the standards adopted by this act. See Kansas Statutes 75-1212
- Manufacturer: means any person who manufactures mobile homes or recreational vehicles. See Kansas Statutes 75-1212
- mobile home: means a structure, transportable in one or more sections, which has a body width of eight (8) feet or more and a body length of thirty-six (36) feet or more and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. See Kansas Statutes 75-1212
- Recreational vehicle: means a vehicular-type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation or travel use and which has its own motive power or is mounted on or drawn by another vehicle, and which has a body width not exceeding eight (8) feet and a body length not exceeding forty (40) feet; but such term shall not include a unit which has no electrical system which operates above twelve (12) volts and has no provisions for plumbing, heating and any other component or feature for which a standard is adopted by this act. See Kansas Statutes 75-1212
Each mobile home and recreational vehicle manufacturer shall issue with each new mobile home or recreational vehicle a warranty generally in use in the industry warranting such mobile home or recreational vehicle to be free from material defects and to be manufactured in a workmanlike manner.
Such warranty shall be to the buyer or the buyer’s assignee in interest and shall set forth in writing the following terms:
(a) That the mobile home or recreational vehicle has been manufactured in conformity with the code.
(b) That the mobile home or recreational vehicle is free from any defects in design, materials or workmanship.
(c) That the manufacturer shall take appropriate corrective action at the site of the mobile home or in the case of recreational vehicle, at the nearest authorized service center or at the place of manufacture, whichever is closer, in instances of defects in materials or workmanship which become evident within one (1) year from the date of delivery of the mobile home or recreational vehicle to the buyer, if the buyer or the buyer’s assignee in interest gives written notice of such defects to the manufacturer at his or her business address not later than one (1) year after the date of delivery: Provided, however, That in the case of a recreational vehicle, such warranty shall not extend to the chassis or running gear manufactured and supplied by another manufacturer.
Such warranty shall be in addition to and not in derogation of any other rights and privileges which such buyer may have under any other law or instrument. The manufacturer shall not require the buyer to waive his or her rights under this act and any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.