State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-5-1 > 31-5-1-18

SECTION 31-5.1-18

   § 31-5.1-18  Transportation damages. –(a) Notwithstanding the terms, provisions, or conditions of any agreement orfranchise, the new motor vehicle dealer is solely liable for damages to newmotor vehicles after acceptance from the carrier and before delivery to theultimate purchaser.

   (b) Notwithstanding the terms, provisions, or conditions ofany agreement or franchise, the manufacturer is liable for all damages to motorvehicles before delivery to a carrier or transporter.

   (c) The new motor vehicle dealer is liable for damages to newmotor vehicles after delivery to the carrier only if the dealer selects themethod of transportation, mode of transportation, and the carrier. In all otherinstances, the manufacturer is liable for carrier-related new motor vehicledamage.

   (d) On any new motor vehicle, any uncorrected damage or anycorrected damage exceeding six percent (6%) of the manufacturer's suggestedretail price, as defined in 26 U.S.C. § 4216 and measured by retail repaircosts, must be disclosed in writing prior to delivery. Damage to glass, tires,and bumpers is excluded from the six percent (6%) rule when replaced byidentical manufacturer's original equipment.

   (e) Repaired damage to a customer ordered new motor vehicle,not exceeding the six percent (6%) rule, shall not constitute grounds forrevocation of the customer order. The customer's right of revocation ceasesupon his or her acceptance of delivery of the vehicle.

   (f) If damage to a vehicle exceeds the six percent (6%) ruleat either the time the new motor vehicle is accepted by the new motor vehicledealer, or whenever the risk of loss is shifted to the dealer (as defined insubsection (c)), whichever occurs first, then the dealer may reject the vehiclewithin a reasonable time. Should the dealer elect to repair any damageexceeding the six percent (6%) rule, full disclosure shall be made by thedealer in writing to the customer and an acknowledgment by the customer isrequired. If there is less than six percent (6%) damage as described insubsection (d) of this section, no disclosure is required. Pre-deliverymechanical work shall not require a disclosure.

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-5-1 > 31-5-1-18

SECTION 31-5.1-18

   § 31-5.1-18  Transportation damages. –(a) Notwithstanding the terms, provisions, or conditions of any agreement orfranchise, the new motor vehicle dealer is solely liable for damages to newmotor vehicles after acceptance from the carrier and before delivery to theultimate purchaser.

   (b) Notwithstanding the terms, provisions, or conditions ofany agreement or franchise, the manufacturer is liable for all damages to motorvehicles before delivery to a carrier or transporter.

   (c) The new motor vehicle dealer is liable for damages to newmotor vehicles after delivery to the carrier only if the dealer selects themethod of transportation, mode of transportation, and the carrier. In all otherinstances, the manufacturer is liable for carrier-related new motor vehicledamage.

   (d) On any new motor vehicle, any uncorrected damage or anycorrected damage exceeding six percent (6%) of the manufacturer's suggestedretail price, as defined in 26 U.S.C. § 4216 and measured by retail repaircosts, must be disclosed in writing prior to delivery. Damage to glass, tires,and bumpers is excluded from the six percent (6%) rule when replaced byidentical manufacturer's original equipment.

   (e) Repaired damage to a customer ordered new motor vehicle,not exceeding the six percent (6%) rule, shall not constitute grounds forrevocation of the customer order. The customer's right of revocation ceasesupon his or her acceptance of delivery of the vehicle.

   (f) If damage to a vehicle exceeds the six percent (6%) ruleat either the time the new motor vehicle is accepted by the new motor vehicledealer, or whenever the risk of loss is shifted to the dealer (as defined insubsection (c)), whichever occurs first, then the dealer may reject the vehiclewithin a reasonable time. Should the dealer elect to repair any damageexceeding the six percent (6%) rule, full disclosure shall be made by thedealer in writing to the customer and an acknowledgment by the customer isrequired. If there is less than six percent (6%) damage as described insubsection (d) of this section, no disclosure is required. Pre-deliverymechanical work shall not require a disclosure.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-5-1 > 31-5-1-18

SECTION 31-5.1-18

   § 31-5.1-18  Transportation damages. –(a) Notwithstanding the terms, provisions, or conditions of any agreement orfranchise, the new motor vehicle dealer is solely liable for damages to newmotor vehicles after acceptance from the carrier and before delivery to theultimate purchaser.

   (b) Notwithstanding the terms, provisions, or conditions ofany agreement or franchise, the manufacturer is liable for all damages to motorvehicles before delivery to a carrier or transporter.

   (c) The new motor vehicle dealer is liable for damages to newmotor vehicles after delivery to the carrier only if the dealer selects themethod of transportation, mode of transportation, and the carrier. In all otherinstances, the manufacturer is liable for carrier-related new motor vehicledamage.

   (d) On any new motor vehicle, any uncorrected damage or anycorrected damage exceeding six percent (6%) of the manufacturer's suggestedretail price, as defined in 26 U.S.C. § 4216 and measured by retail repaircosts, must be disclosed in writing prior to delivery. Damage to glass, tires,and bumpers is excluded from the six percent (6%) rule when replaced byidentical manufacturer's original equipment.

   (e) Repaired damage to a customer ordered new motor vehicle,not exceeding the six percent (6%) rule, shall not constitute grounds forrevocation of the customer order. The customer's right of revocation ceasesupon his or her acceptance of delivery of the vehicle.

   (f) If damage to a vehicle exceeds the six percent (6%) ruleat either the time the new motor vehicle is accepted by the new motor vehicledealer, or whenever the risk of loss is shifted to the dealer (as defined insubsection (c)), whichever occurs first, then the dealer may reject the vehiclewithin a reasonable time. Should the dealer elect to repair any damageexceeding the six percent (6%) rule, full disclosure shall be made by thedealer in writing to the customer and an acknowledgment by the customer isrequired. If there is less than six percent (6%) damage as described insubsection (d) of this section, no disclosure is required. Pre-deliverymechanical work shall not require a disclosure.