ALASKA LEMON LAW:
Alaska Lemon Law
Title 45, Chapter 45, Sections 300 - 360
AS 45.45.300. Repairs Required.
If a new motor vehicle does not conform to an express warranty that is
applicable to it and the owner of the vehicle reports the defect or condition to
the manufacturer of the vehicle or to the manufacturer’s or distributor’s dealer
during the term of the warranty, the manufacturer, distributor, dealer, or a
repairing agent shall make the necessary repairs to conform the vehicle to the
express warranty.
AS 45.45.305. Replacement or Refund.
If during the term of the express warranty or within one year from the date of
delivery of the motor vehicle to the original owner, whichever period terminates
first, the manufacturer, distributor, dealer, or repairing agent is unable to
conform the motor vehicle to an applicable express warranty after a reasonable
number of attempts, the manufacturer or distributor shall accept the return of
the nonconforming motor vehicle, and, at the owner's option, shall replace the
nonconforming vehicle with a new, comparable vehicle or shall refund the full
purchase price to the owner less a reasonable allowance for the use of the motor
vehicle from the time it was delivered to the original owner. A refund under
this section shall be made to a lienholder of record, if any, and the owner, as
their interests may appear.
AS 45.45.310. Notice By Owner.
In order to claim a refund or replacement under AS 45.45.305, the owner shall
give written notice by certified mail to the manufacturer and its dealer or
repairing agent at any time before 60 days have elapsed after the expiration of
the express warranty or the one-year period after the date of delivery of the
motor vehicle to the original owner, whichever period terminates first, (1)
stating that the vehicle has a nonconformity; (2) providing a reasonable
description of the nonconformity; (3) stating that the manufacturer,
distributor, dealer, or repairing agent has made a reasonable number of attempts
to conform the vehicle; and (4) stating that the owner demands a refund or
replacement vehicle to be delivered on the 60th day after the mailing of the
written notice. Within 30 days after receiving the notice required by this
section the manufacturer may make a final attempt to conform the vehicle before
a refund or replacement is made under AS 45.45.305.
AS 45.45.315. Exceptions.
An owner may not receive a refund or replacement under AS 45.45.300 - 45.45.360
if the manufacturer or distributor shows that the nonconformity complained of
(1) does not substantially impair either the use or the market value of the
motor vehicle; or
(2) is the result of:
(A) alteration of the motor vehicle by the owner or a person other than a dealer
or repairing agent that is not authorized by the manufacturer or distributor; or
(B) abuse or neglect by the owner or a person other than the dealer or repairing
agent.
AS 45.45.320. Presumption.
A presumption that a reasonable number of attempts have been made to conform a
motor vehicle under an applicable express warranty is established if:
(1) the same nonconformity has been subject to repair three or more times by the
manufacturer, distributor, dealer, or repairing agent during the term of the
express warranty or the one-year period after delivery of the motor vehicle to
the original owner, whichever period terminates first, but the nonconformity
continues to exist; or
(2) the vehicle is out of service for repair for a total of 30 or more business
days during the express warranty term or the one-year period referred to in (1)
of this section, whichever period terminates first; any period of time that
repairs are not performed for reasons that are beyond the control of the
manufacturer, distributor, dealer, or repairing agent is excluded from the
30-day time period referred to in this paragraph.
AS 45.45.325. Parts Availability.
A manufacturer whose vehicles are sold in the state through an authorized dealer
shall provide its dealer or repairing agent with any part necessary to make a
repair of a nonconformity covered under an express warranty, as soon as
possible, without additional charge for freight or handling, if the part is not
in the dealer's or agent's inventory when the nonconforming vehicle is brought
to the dealer or repairing agent for repair.
AS 45.45.330. Failure to Replace or Refund.
A manufacturer or distributor who fails to refund the full purchase price of a
motor vehicle or replace the motor vehicle when there is a requirement to do so
under AS 45.45.300 – 45.45.360 is presumed to have committed an unfair trade
practice under AS 45.50.471.
AS 45.45.335. Resale Without Disclosure Prohibited.
A motor vehicle returned under AS 45.45.305 may not be resold by the
manufacturer or distributor in the state unless full disclosure of the reason
for the return is made to the prospective buyer before the resale is concluded.
AS 45.45.340. Other rights and remedies.
The provisions of AS 45.45.300 - 45.45.360 do not limit other rights and
remedies that may be available to the owner of a motor vehicle under other
provisions of law. This section does not create a new cause of action against a
dealer or repairing agent who sells or attempts to repair a motor vehicle found
to be nonconforming under AS 45.45.300 - 45.45.360.
AS 45.45.345. Repair Facilities.
A manufacturer or distributor or motor vehicles who authorizes the sale of the
manufacturer's or distributor's motor vehicles in the state shall maintain
authorized dealership facilities within the state that are able to perform the
service and make the repairs required by the manufacturer's express warranty and
by AS 45.45.300 - 45.45.360.
AS 45.45.350. Reimbursement of Shipping Costs.
A manufacturer or distributor who accepts the return of a nonconforming motor
vehicle under AS 45.45.305 shall reimburse the owner for any reasonable cost
incurred in shipping the vehicle to and from the nearest authorized facility for
warranty service and repair of a nonconformity that causes the return of the
vehicle.
AS 45.45.355. Arbitration or Mediation.
If a manufacturer or distributor has established an informal dispute settlement
procedure that substantially complies with the requirements of 16 C.F.R. 703, as
that section may be amended, or if the manufacturer or distributor, after
receipt of notice required by AS 45.45.310, offers in writing to participate in
an arbitration or mediation process with the owner and the arbitration or
mediation decision is binding on the manufacturer or distributor but not on the
owner, and if the informal dispute settlement or arbitration or mediation
process is approved by the attorney general, the provisions of AS 45.45.305
concerning refund or replacement or AS 45.45.350 concerning shipping costs do
not apply to an owner who has not first resorted to the informal dispute
settlement procedure or arbitration or mediation process.
AS 45.45.360. Definitions.
Definitions in AS 45.45.300 - 45.45.360:
(1) "dealer" means a person who has obtained a franchise from, or is authorized
by, a motor vehicle manufacturer to engage in the retail sale and warranty
repair of the manufacturer's new motor vehicles in the state;
(2) "distributor" means a person who is authorized by a manufacturer to engage
in the wholesale distribution of the manufacturer's new motor vehicles in the
state;
(3) "express warranty" or "warranty" means an express written warranty provided
by the manufacturer of a new motor vehicle;
(4) "full purchase price" means the total price paid for a motor vehicle by the
original owner, including costs added to the retail price, such as original
registration fees, transportation fees, dealer preparation, and dealer installed
options;
(5) "manufacturer" means a person who by labor transforms raw materials and
component parts into motor vehicles for wholesale or retail sale;
(6) "motor vehicle" or "vehicle" means a land vehicle having four or more
wheels, that is self-propelled by a motor, is normally used for personal,
family, or household purposes, and is required to be registered under AS 28.10;
but does not include a tractor, farm vehicle, or a vehicle designed primarily
for off-road use;
(7) "nonconformity" means a defect or condition in a motor vehicle caused by a
manufacturer, distributor, dealer, or repairing agent that substantially impairs
the use or market value of a vehicle;
(8) "owner" means a purchaser, other than for resale, of a new motor vehicle,
and a person to whom ownership of the motor vehicle is transferred in conformity
with AS 28;
(9) "reasonable allowance" means an amount attributable to an owner's use of a
motor vehicle; a "reasonable allowance" may not exceed an amount equal to the
depreciation in value of the vehicle for the period during which the vehicle is
available for use by the owner, calculated by a straight line depreciation
method over seven years, plus an amount equal to the depreciation in value of
the vehicle that is caused by:
(A) any neglect or abuse by the owner; or
(B) body damage not caused by a nonconformity;
(10) "repairing agent" means a person who has been specifically authorized by a
motor vehicle manufacturer or distributor to perform warranty repairs in the
state on one or more of the manufacturer's or distributor's motor vehicles;
(11) "substantially impairs the market value" means a nonconformity that
substantially decreases the dollar value of a vehicle to the owner when compared
to the dollar value of a similar vehicle that does not have the nonconformity;
(12) "substantially impairs the use" means a nonconformity that prevents a motor
vehicle from being operated or makes the vehicle unsafe to operate.
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