If, within the term specified in § 56-28-30, the manufacturer, through its agents or authorized dealer, is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable motor vehicle, or at its option, accept return of the vehicle from the consumer and refund to the consumer the full purchase price as delivered including applicable finance charges, sales taxes, license fees, registration fees, and any other similar governmental charges, less a reasonable allowance for the consumer’s use of the vehicle. Refunds must be made to the consumer and lienholder, if any, as their interest may appear on the record of ownership kept by the Department of Motor Vehicles. A reasonable allowance for use must be that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or dealer, and must be calculated by multiplying the full purchase price of the vehicle by a fraction having as its denominator one hundred twenty thousand and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity. The consumer is not entitled to a refund or replacement if:

(1) the nonconformity does not substantially impair the motor vehicle’s use, market value, or safety;

Terms Used In South Carolina Code 56-28-40

  • Consumer: means the purchaser or lessor, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes and subject to the manufacturer's express warranty, and any other person entitled by the warranty to enforce the obligations of the warranty. See South Carolina Code 56-28-10
  • Manufacturer: means any person, resident, or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are to be sold in the State. See South Carolina Code 56-28-10
  • Motor vehicle: means :

    (a) a private passenger motor vehicle, as classified by § 56-3-630, but excluding the living portion of recreational vehicles and off-road vehicles, which is sold and registered in this State; and

    (b) a motorcycle as defined in § 56-1-10(8), including a motorcycle three-wheel vehicle as defined in § 56-1-10(18), which is sold and registered in this State. See South Carolina Code 56-28-10
  • Nonconformity: means a defect or condition that substantially impairs the use, value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent. See South Carolina Code 56-28-10
  • warranty: means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty. See South Carolina Code 56-28-10

(2) the nonconformity is the result of abuse, neglect, or modification or alteration of the motor vehicle by the consumer.

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