§ 4078. Warranty obligations
(a) A supplier shall:
(1) specify in writing a dealer’s reasonable obligation to perform warranty service on
the supplier’s inventory;
(2) provide the dealer a schedule of reasonable compensation for warranty service, including
amounts for diagnostic work, parts, labor, and the time allowance for the performance
of warranty service; and
(3) compensate the dealer pursuant to the schedule of compensation for the warranty service
the supplier requires it to perform.
(b) Time allowances for the diagnosis and performance of warranty service shall be reasonable
and adequate for the service to be performed by a dealer that is equipped to complete
the requirements of the warranty service.
(c) The hourly rate paid to a dealer shall not be less than the rate the dealer charges
to customers for nonwarranty service.
(d) A supplier shall compensate a dealer for parts used to fulfill warranty and recall
obligations at a rate not less than the price the dealer actually paid the supplier
for the parts plus 20 percent, plus freight and handling if charged by the supplier.
(e) The wholesale price on which a dealer’s markup reimbursement is based for any parts
used in a recall or campaign shall not be less than the highest wholesale price listed
in the supplier’s wholesale price catalogue within six months prior to the start of
the recall or campaign.
(f)(1) Whenever a supplier and a dealer enter into an agreement providing consumer warranties,
the supplier shall pay any warranty claim made for warranty parts and service within
30 days after its receipt and approval.
(2) The supplier shall approve or disapprove a warranty claim within 30 days after its
receipt.
(3) If a claim is not specifically disapproved in writing within 30 days after its receipt,
it shall be deemed to be approved and payment shall be made by the supplier within
30 days after its receipt.
(g) A supplier violates this section if it:
(1) fails to perform its warranty obligations;
(2) fails to include in written notices of factory recalls to machinery owners and dealers
the expected date by which necessary parts and equipment will be available to dealers
for the correction of such defects; or
(3) fails to compensate a dealer for repairs required by a recall.
(h) A supplier shall not:
(1) impose an unreasonable requirement in the process a dealer must follow to file a warranty
claim; or
(2) impose a surcharge or fee to recover the additional costs the supplier incurs from
complying with the provisions of this section. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2015, No. 142 (Adj. Sess.), § 2.)