(1)  It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if:

Terms Used In Utah Code 13-20-5

  • Consumer: means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5. See Utah Code 13-20-2
  • Manufacturer: means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Utah Code 13-20-2
  • Motor vehicle: includes :
(i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis sold in this state;
(ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and
(iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is designed primarily for use and operation on paved highways. See Utah Code 13-20-2
(a)  the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the express warranty term or during the one-year period following the date of original delivery of the motor vehicle to a consumer, whichever is earlier, but the nonconformity continues to exist; or

(b)  the vehicle is out of service to the consumer because of repair for a cumulative total of 30 or more business days during the warranty term or during the one-year period, whichever is earlier.

(2)  The term of an express warranty, the one-year period, and the 30-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.

Enacted by Chapter 168, 1985 General Session