South Dakota Codified Laws 32-6B-58.2. Manufacturer or component manufacturer–Charge back–Prohibited in certain circumstances
Except as provided in § 32-6B-58.3, a manufacturer or component manufacturer may not charge back to a vehicle dealer any warranty claim that has been paid and approved for any vehicle or any part, component, complete assembly, or subassembly for a vehicle if:
(1) The repair work was covered under the manufacturer’s or component manufacturer’s warranty;
Terms Used In South Dakota Codified Laws 32-6B-58.2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The repair work corrected the defective condition that needed to be repaired;
(3) The vehicle dealer provided documentation of the parts repaired and the process used to make the repairs; and
(4) The vehicle dealer performed the repair in accordance with reasonable written requirements of the manufacturer or component manufacturer, if the vehicle dealer was notified of the requirements before the claim arose and if the requirements were in effect when the claim arose.
Source: SL 2023, ch 100, § 2.