State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-27-1 > 59-1-352-8

§ 59.1-352.8. Warranty obligations.

A. Whenever a supplier and a dealer enter into an agreement, the suppliershall pay any warranty claim made by the dealer for warranty parts or servicewithin thirty days after its approval. The supplier shall approve ordisapprove a warranty claim within thirty days after its receipt. If a claimis disapproved, the manufacturer, wholesaler, or distributor shall notify thedealer within thirty days stating the specific grounds upon which thedisapproval is based. If a claim is not specifically disapproved in writingwithin thirty days after its receipt, it is approved and payment must followwithin thirty days.

B. Whenever a supplier and a dealer enter into an agreement, the suppliershall indemnify and hold harmless the dealer against any judgment for damagesor any settlement agreed to by the supplier, including court costs and areasonable attorney's fee, arising out of a complaint, claim, or lawsuitincluding negligence, strict liability, misrepresentation, breach ofwarranty, or rescission of the sale, to the extent the judgment or settlementrelates to the manufacture, assembly, or design of inventory, or otherconduct of the supplier beyond the dealer's control.

C. If, after termination of an agreement, the dealer submits a claim to themanufacturer, wholesaler, or distributor for warranty work performed prior tothe effective date of the termination, the manufacturer, wholesaler, ordistributor shall accept or reject the claim within thirty days of receipt.

D. If a claim is not paid within the time allowed under this section,interest shall accrue at the maximum lawful interest rate.

E. Warranty work performed by the dealer shall be compensated in accordancewith the reasonable and customary amount of time required to complete thework, expressed in hours and fractions thereof. The cost of the work shall becomputed by multiplying the time required to complete the work by thedealer's established customer hourly retail labor rate. The dealer shallinform the manufacturer, wholesaler, or distributor for whom the dealer isperforming warranty work of the dealer's established customer hourly retaillabor rate before the dealer performs any work.

F. Expenses expressly excluded under the warranty of the manufacturer,wholesaler, or distributor to the customer shall neither be included norrequired to be paid for warranty work performed, even if the dealer requestscompensation for the work performed.

G. The dealer shall be paid for all parts used by the dealer in performingwarranty work. Payment shall be in an amount equal to the dealer's net pricefor the parts, plus a minimum of fifteen percent.

H. The manufacturer, wholesaler, or distributor has a right to adjustcompensation for errors discovered during an audit and, if necessary, toadjust claims paid in error.

I. The dealer shall have the right to accept the reimbursement terms andconditions of the manufacturer, wholesaler, or distributor in lieu of theterms and conditions of this section.

(2002, c. 898.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-27-1 > 59-1-352-8

§ 59.1-352.8. Warranty obligations.

A. Whenever a supplier and a dealer enter into an agreement, the suppliershall pay any warranty claim made by the dealer for warranty parts or servicewithin thirty days after its approval. The supplier shall approve ordisapprove a warranty claim within thirty days after its receipt. If a claimis disapproved, the manufacturer, wholesaler, or distributor shall notify thedealer within thirty days stating the specific grounds upon which thedisapproval is based. If a claim is not specifically disapproved in writingwithin thirty days after its receipt, it is approved and payment must followwithin thirty days.

B. Whenever a supplier and a dealer enter into an agreement, the suppliershall indemnify and hold harmless the dealer against any judgment for damagesor any settlement agreed to by the supplier, including court costs and areasonable attorney's fee, arising out of a complaint, claim, or lawsuitincluding negligence, strict liability, misrepresentation, breach ofwarranty, or rescission of the sale, to the extent the judgment or settlementrelates to the manufacture, assembly, or design of inventory, or otherconduct of the supplier beyond the dealer's control.

C. If, after termination of an agreement, the dealer submits a claim to themanufacturer, wholesaler, or distributor for warranty work performed prior tothe effective date of the termination, the manufacturer, wholesaler, ordistributor shall accept or reject the claim within thirty days of receipt.

D. If a claim is not paid within the time allowed under this section,interest shall accrue at the maximum lawful interest rate.

E. Warranty work performed by the dealer shall be compensated in accordancewith the reasonable and customary amount of time required to complete thework, expressed in hours and fractions thereof. The cost of the work shall becomputed by multiplying the time required to complete the work by thedealer's established customer hourly retail labor rate. The dealer shallinform the manufacturer, wholesaler, or distributor for whom the dealer isperforming warranty work of the dealer's established customer hourly retaillabor rate before the dealer performs any work.

F. Expenses expressly excluded under the warranty of the manufacturer,wholesaler, or distributor to the customer shall neither be included norrequired to be paid for warranty work performed, even if the dealer requestscompensation for the work performed.

G. The dealer shall be paid for all parts used by the dealer in performingwarranty work. Payment shall be in an amount equal to the dealer's net pricefor the parts, plus a minimum of fifteen percent.

H. The manufacturer, wholesaler, or distributor has a right to adjustcompensation for errors discovered during an audit and, if necessary, toadjust claims paid in error.

I. The dealer shall have the right to accept the reimbursement terms andconditions of the manufacturer, wholesaler, or distributor in lieu of theterms and conditions of this section.

(2002, c. 898.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-27-1 > 59-1-352-8

§ 59.1-352.8. Warranty obligations.

A. Whenever a supplier and a dealer enter into an agreement, the suppliershall pay any warranty claim made by the dealer for warranty parts or servicewithin thirty days after its approval. The supplier shall approve ordisapprove a warranty claim within thirty days after its receipt. If a claimis disapproved, the manufacturer, wholesaler, or distributor shall notify thedealer within thirty days stating the specific grounds upon which thedisapproval is based. If a claim is not specifically disapproved in writingwithin thirty days after its receipt, it is approved and payment must followwithin thirty days.

B. Whenever a supplier and a dealer enter into an agreement, the suppliershall indemnify and hold harmless the dealer against any judgment for damagesor any settlement agreed to by the supplier, including court costs and areasonable attorney's fee, arising out of a complaint, claim, or lawsuitincluding negligence, strict liability, misrepresentation, breach ofwarranty, or rescission of the sale, to the extent the judgment or settlementrelates to the manufacture, assembly, or design of inventory, or otherconduct of the supplier beyond the dealer's control.

C. If, after termination of an agreement, the dealer submits a claim to themanufacturer, wholesaler, or distributor for warranty work performed prior tothe effective date of the termination, the manufacturer, wholesaler, ordistributor shall accept or reject the claim within thirty days of receipt.

D. If a claim is not paid within the time allowed under this section,interest shall accrue at the maximum lawful interest rate.

E. Warranty work performed by the dealer shall be compensated in accordancewith the reasonable and customary amount of time required to complete thework, expressed in hours and fractions thereof. The cost of the work shall becomputed by multiplying the time required to complete the work by thedealer's established customer hourly retail labor rate. The dealer shallinform the manufacturer, wholesaler, or distributor for whom the dealer isperforming warranty work of the dealer's established customer hourly retaillabor rate before the dealer performs any work.

F. Expenses expressly excluded under the warranty of the manufacturer,wholesaler, or distributor to the customer shall neither be included norrequired to be paid for warranty work performed, even if the dealer requestscompensation for the work performed.

G. The dealer shall be paid for all parts used by the dealer in performingwarranty work. Payment shall be in an amount equal to the dealer's net pricefor the parts, plus a minimum of fifteen percent.

H. The manufacturer, wholesaler, or distributor has a right to adjustcompensation for errors discovered during an audit and, if necessary, toadjust claims paid in error.

I. The dealer shall have the right to accept the reimbursement terms andconditions of the manufacturer, wholesaler, or distributor in lieu of theterms and conditions of this section.

(2002, c. 898.)