218.0171 Repair, replacement and refund under new motor vehicle warranties.

829 words·~4 min read·/wi/chapter-218/218-0171-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(a)“Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining alternative transportation.

(b)“Consumer” means any of the following:

1. The purchaser of a new motor vehicle, if the motor vehicle was purchased from a motor vehicle dealer for purposes other than resale.

2. A person to whom the motor vehicle is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motor vehicle.

3. A person who may enforce the warranty.

4. A person who leases a motor vehicle from a motor vehicle lessor under a written lease.

(bd)“Demonstrator” means used primarily for the purpose of demonstration to the public.

(bg)“Early termination cost” means any expense or obligation a motor vehicle lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub.

(b)3. “Early termination cost” includes a penalty for prepayment under a finance arrangement.

(bj)“Early termination savings” means any expense or obligation a motor vehicle lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub.

(b)3. “Early termination savings” includes an interest charge the motor vehicle lessor would have paid to finance the motor vehicle or, if the motor vehicle lessor does not finance the motor vehicle, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

(bp)“Executive” means used primarily by an executive of a licensed manufacturer, distributor or dealer, and not used for demonstration to the public.

(bt)“Heavy-duty vehicle” means any motor vehicle having a gross vehicle weight rating or actual gross weight of more than 10,000 pounds.

(c)“Manufacturer” means a manufacturer as defined in s. 218.0101

(20)and agents of the manufacturer, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer’s motor vehicles, but not including a motor vehicle dealer.

(d)“Motor vehicle” means any motor driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05

(2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer, which a consumer purchases or accepts transfer of in this state. “Motor vehicle” does not mean a moped, semitrailer or trailer designed for use in combination with a truck or truck tractor.

(e)“Motor vehicle dealer” has the meaning given under s. 218.0101

(a).

(em)“Motor vehicle lessor” means a person who holds title to a motor vehicle leased to a lessee, or who holds the lessor’s rights, under a written lease.

(f)“Nonconformity” means a condition or defect which substantially impairs the use, value or safety of a motor vehicle, and is covered by an express warranty applicable to the motor vehicle or to a component of the motor vehicle, but does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration of the motor vehicle by a consumer.

(g)“Out of service,” with respect to a motor vehicle, means that the vehicle is unable to be used by the consumer for the vehicle’s intended purpose as a result of any of the following:

1. The vehicle is in the possession of the manufacturer, motor vehicle lessor, or any of the manufacturer’s authorized motor vehicle dealers for the purpose of performing or attempting repairs to correct a nonconformity.

2. The vehicle is in the possession of the consumer and the vehicle has a nonconformity that substantially affects the use or safety of the vehicle and that has been subject to an attempt to repair under sub.

(a)on at least 2 occasions.

(h)“Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motor vehicle or within one year after first delivery of the motor vehicle to a consumer, whichever is sooner:

1. The same nonconformity with the warranty is subject to repair by the manufacturer, motor vehicle lessor or any of the manufacturer’s authorized motor vehicle dealers at least 4 times and the nonconformity continues.

2. The motor vehicle is out of service for an aggregate of at least 30 days because of warranty nonconformities. Time during which repair services are not available to the consumer because of flood or other natural disaster, war, invasion, fire, or strike may not be included in the 30-day time period under this subdivision.