44-1264. Reasonable number of attempts to
conform motor vehicle to express warranty; presumption
A. It is presumed that a reasonable number of attempts have been undertaken to
conform a motor vehicle to the applicable express warranties if either:
1. The same nonconformity has been subject to repair four or more times by the
manufacturer or its agents or authorized dealers during the shorter of the express
warranty term or the period of two years or twenty-four thousand miles following the date
of original delivery of the motor vehicle to the consumer, whichever is earlier, but the
nonconformity continues to exist.
2. The motor vehicle is out of service by reason of repair for a cumulative total
of thirty or more calendar days during the shorter of the express warranty term or the
two year period or twenty-four thousand miles, whichever is earlier.
B. The term of an express warranty, the two year period and the thirty day period
are extended by any period of time during which repair services are not available to the
consumer because of any war, invasion, strike, fire, flood or other natural disaster.
C. The presumption prescribed in this section does not apply against a manufacturer
unless the manufacturer has received prior direct written notification from or on behalf
of the consumer of the alleged defect and has had an opportunity to cure the alleged
defect.
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