IC 26-2-6
    Chapter 6. Service for Audio or Visual Entertainment Products

IC 26-2-6-1
Definitions
    Sec. 1. As used in this chapter:
    "Adequate service information" means facts sufficient to enablea service representative or independent service facility to repair aproduct, including detailed schematic diagrams, operational voltages,and parts identification.
    "Audio or visual entertainment product" means an electronicproduct that:
        (1) generates electronic signals or uses amplification devices,such as a radio, an item of audio playback or recordingequipment, a television, or a video playback or recording unit;and
        (2) is purchased by a consumer primarily for personal, family,or household uses and not for business or agricultural uses.
    "Authorized service representative" means until July 1, 1996, anydealer of audio or visual entertainment products licensed underIC 25-36-1 who has been designated by a manufacturer as one (1) ofthe dealers who will be reimbursed for service or repairs that he mayrender, including labor or parts, in connection with an expresswarranty of the product made by the manufacturer.
    "Independent service facility" means any dealer of audio or visualentertainment products who:
        (1) has not been designated an "authorized servicerepresentative" by a manufacturer;
        (2) services audio or visual entertainment products withoutreimbursement from the manufacturer in connection with anexpress warranty made by the manufacturer;
        (3) until July 1, 1996, is licensed as a television and radioservice technician under IC 25-36-1.
As added by P.L.254-1983, SEC.2. Amended by P.L.234-1995,SEC.29.

IC 26-2-6-2
Duty of manufacturer under express warranty
    Sec. 2. A manufacturer who makes an express warranty inconnection with the sale of an audio or visual entertainment productshall do the following:
        (1) Authorize a representative within a designated service areato provide any service or repair required under the terms of thewarranty.
        (2) Reimburse the authorized service representative for anyservice or repair, including labor and parts, made in connectionwith the express warranty in an amount negotiated between themanufacturer and the authorized service representative.However, reimbursement or exchange for all parts used in suchwarranty repairs shall include all transportation costs and a

reasonable fee for handling. The handling fee is to be negotiatedas part of the authorization proceedings.
        (3) Except for audio or visual entertainment products having aretail selling price less than fifty dollars ($50), make availableto service representatives or independent service facilitiesadequate service information and replacement parts for theaudio or visual entertainment product for at least seven (7)years after the date that product model or type wasmanufactured, regardless of whether the product is still underwarranty.
        (4) Make available any service part to service representatives orindependent service facilities within forty-five (45) days ofreceipt of an order for that part, regardless of whether theproduct is still under warranty; however, if a delay in providingthat part is caused by conditions beyond the control of themanufacturer, the manufacturer shall provide the servicerepresentative or independent service facility with areplacement part promptly upon termination of the conditioncausing the delay.
As added by P.L.254-1983, SEC.2.

IC 26-2-6-3
Timeliness of service or repair
    Sec. 3. Whenever authorized service representatives orindependent service facilities undertake to service or repair an audioor visual entertainment product, they shall do the following:
        (1) Provide services or make repairs on the product withinforty-five (45) days of receipt of that product, regardless ofwhether the product is covered by an express warranty; or
        (2) Notify the consumer requesting the service or repair if a partnecessary to effect the repair or service is not immediatelyavailable and order the necessary part, within fifteen (15) daysof receipt of the product; and
        (3) Repair or service the product within thirty (30) days ofreceipt of the ordered part, unless the consumer agreesotherwise. However, if a delay in completing the requestedservice or repair is caused by a condition beyond the control ofthe authorized service representative or independent servicefacility, the authorized service representative or independentservice facility shall repair or service the audio or visualentertainment product upon termination of the conditioncausing the delay.
As added by P.L.254-1983, SEC.2.

IC 26-2-6-4
Actions by consumers to recover damages
    Sec. 4. A consumer may bring an action on his own behalf torecover damages resulting from a violation of this chapter. Inaddition to any other remedies available to the consumer, the courtmay:        (1) order replacement of the audio or visual entertainmentproduct, the cost of which is to be borne by the manufacturer,manufacturer's agent or importer; or
        (2) order damages in an amount equal to three (3) times thedamages sustained due to the violation, plus reasonableattorney's fees.
As added by P.L.254-1983, SEC.2.

IC 26-2-6-5
Injunctive relief
    Sec. 5. (a) The attorney general may bring an action on behalf ofthe state to obtain an injunction to enjoin noncompliance with thischapter. In this action the court may:
        (1) order replacement of the audio or visual entertainmentproduct, the cost of which is to be borne by the manufacturer,manufacturer's agent or importer;
        (2) order a person who violates section 2 or section 3 of thischapter to pay restitution to the aggrieved party; or
        (3) void or limit the application of:
            (A) contracts; or
            (B) contract clauses;
        that are in conflict with this chapter.
    (b) The court issuing an injunction under this chapter shall retainjurisdiction and the cause shall be continued.
As added by P.L.254-1983, SEC.2.

IC 26-2-6-6
Violations; action for recovery of penalties
    Sec. 6. (a) A person who knowingly violates this chapter commitsa Class C infraction. Each violation of this chapter constitutes aseparate infraction.
    (b) In addition to any other available legal remedy, a person whoviolates the terms of an injunction issued under section 5 of thischapter commits a Class A infraction. Each violation of the terms ofan injunction issued under section 5 of this chapter constitutes aseparate infraction. Whenever the court determines that the terms ofan injunction issued under section 5 of this chapter have beenviolated, the court shall award reasonable costs to the state.
    (c) Notwithstanding IC 34-28-5-1(b), the prosecuting attorney orthe attorney general in the name of the state may bring an action topetition for the recovery of the penalties outlined in this section.
As added by P.L.254-1983, SEC.2. Amended by P.L.1-1998,SEC.137; P.L.101-2009, SEC.15.

IC 26-2-6-7
Actions by service representatives or facilities to recover forviolations
    Sec. 7. An authorized service representative or independentservice facility may bring an action on his own behalf to recover fora violation of this chapter, and, in addition to other remedies, may

obtain damages in an amount equal to three (3) times the damagessustained due to the violation, plus reasonable attorney fees.
As added by P.L.254-1983, SEC.2.