Maine Revised Statutes Title 10 Sec. 1164 – Affirmative defense
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It is an affirmative defense to any claim under this chapter that: [PL 1983, c. 145 (NEW).]
1. Lack of impairment. An alleged nonconformity does not substantially impair the use, safety or value of the motor vehicle; or
[PL 1985, c. 220, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1164
- Consumer: means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty, except that the term "consumer" shall not include any governmental entity, or any business or commercial enterprise which registers 3 or more motor vehicles. See Maine Revised Statutes Title 10 Sec. 1161
- Manufacturer: means manufacturer, importer, distributor or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Maine Revised Statutes Title 10 Sec. 1161
- Motor vehicle: means any motor driven vehicle, designed for the conveyance of passengers or property on the public highways that is sold or leased in this State, except that the term "motor vehicle" does not include any vehicle used primarily for commercial purposes with a gross vehicle weight of 8,500 pounds or more. See Maine Revised Statutes Title 10 Sec. 1161
2. Abuse. A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by anyone other than the manufacturer, its agents or authorized dealers since delivery to the consumer.
[PL 1983, c. 145 (NEW).]
SECTION HISTORY
PL 1983, c. 145 (NEW). PL 1985, c. 220, §4 (AMD).