§481J-2 - Used motor vehicles: written warranty required, terms. - Hawaii Statutes

     §481J-2  Used motor vehicles:  written warranty required, terms.  (a)  No used motor vehicle shall be sold in this State by a dealer to a consumer unless accompanied by a written warranty covering the full cost of both parts and labor necessary to repair any defect or malfunction in a part covered under subsection (c) that impairs the used motor vehicle's safety or use.  Defects and malfunctions that affect only appearance shall not be deemed to impair safety or use for the purposes of this chapter.

     (b)  The written warranty shall apply for the following durations:

     (1)  For a used motor vehicle which, at the time of sale, has been operated less than twenty-five thousand miles, the warranty shall be a minimum of ninety days or five thousand miles, whichever occurs first.  This ninety days or five thousand mile warranty is in addition to any rights the consumer may have under chapter 481I;

     (2)  For a used motor vehicle which, at the time of sale, has been operated twenty-five thousand miles or more, but less than fifty thousand miles, the warranty shall be a minimum of sixty days or three thousand miles, whichever occurs first; and

     (3)  For a used motor vehicle which, at the time of sale, has fifty thousand miles or more but no more than seventy-five thousand miles, the warranty shall be a minimum of thirty days or one thousand miles, whichever occurs first.

     (c)  The written warranty shall require the dealer or its agent to repair or, at the election of the dealer, reimburse the consumer for the reasonable costs of repairing the failure of a covered part.  Covered parts shall at least include the following items:

     (1)  Engine, including all lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings, flywheel, gaskets, and seals;

     (2)  Transmission, including the transmission case, internal parts, torque converter, gaskets, and seals, except four-wheel drive vehicles shall be excluded from coverage as provided for in this paragraph;

     (3)  Drive axle, including front and rear drive axle housings and internal parts, axle shafts, propeller shafts, and universal joints, except four-wheel drive vehicles shall be excluded from coverage as provided in this paragraph;

     (4)  Brakes, including master cylinder, vacuum assist booster, wheel cylinders, hydraulic lines and fittings, and disc brake calipers;

     (5)  Radiator;

     (6)  Steering, including the steering gear housing and all internal parts, power steering pump, valve body, piston, and rack; and

     (7)  Alternator, generator, starter, and ignition system, excluding the battery.

     (d)  The written warranty may contain additional language excluding coverage:

     (1)  For a defect or malfunction in a part caused by a lack of customary maintenance after the vehicle is sold;

     (2)  For a defect or malfunction in a part caused by collision, abuse, negligence, theft, vandalism, fire, or other casualty, and for damage from the environment, including but not limited to windstorms, hurricanes, and lightning;

     (3)  If the odometer has been stopped or altered such that the vehicle's actual mileage cannot be readily determined or a part has been altered in a manner which caused it to fail;

     (4)  For a motor tune-up;

     (5)  For maintenance services and the parts used in connection with such services such as seals, gaskets, oil, or grease unless required in connection with the repair of a covered part;

     (6)  For a defect or malfunction in a part resulting from racing or other competition;

     (7)  For a defect or malfunction in a part caused by towing a trailer or another vehicle unless the used motor vehicle is equipped for this as recommended by the manufacturer;

     (8)  If the used motor vehicle is used to carry passengers for hire;

     (9)  If the used motor vehicle is rented to someone other than the consumer;

    (10)  For repair of valves and rings to correct low compression and oil consumption which are considered normal wear;

    (11)  To the extent otherwise permitted by law, for property damage arising or allegedly arising out of the defect or malfunction in a part; and

    (12)  To the extent otherwise permitted by law, for loss of the use of the used motor vehicle, loss of time, inconvenience, commercial loss, or consequential damages.

     (e)  Nothing in this chapter diminishes the obligations of a manufacturer under a warranty issued by the manufacturer.  The express warranties created by this section do not require a dealer to repair or replace a covered part if the repair or replacement is covered by a manufacturer's warranty, or the manufacturer otherwise agrees to repair or replace the part.

     The terms of the dealer's warranty shall be tolled for any period of time the used motor vehicle is out of service by reason of repair under the manufacturer's warranty.

     (f)  A consumer shall return a vehicle for repair under this section by presenting it to the dealer prior to the expiration of the applicable warranty period and providing written notice to the dealer of the defect.  The dealer shall immediately accept return of a vehicle when it is so presented.  The used motor vehicle shall be deemed out of service commencing the day it is presented, notwithstanding any dealer's failure to accept its return on that day.

     During the applicable warranty period and the return period, the dealer shall pay the reasonable costs of towing from the point of breakdown up to fifteen miles to obtain the required repairs or to return the vehicle to the dealer.

     (g)  The term of any warranty established by this section shall be extended by any time period during which:

     (1)  The used motor vehicle is in the possession of the dealer or its duly authorized agent for the purpose of repairing the used motor vehicle under the terms and obligations of the warranty;

     (2)  Repair services are not available to the consumer because of war, invasion or strike, fire, flood or other natural disaster; or

     (3)  The consumer has notified the dealer that a used motor vehicle is inoperable, but cannot reasonably present the vehicle to the dealer and the dealer refuses to pay the charge to tow the vehicle.

     (h)  The applicable warranty period shall end thirty days from the date of completion of any repair required by this section as to the defect repaired if the warranty would otherwise have expired during this period.

     (i)  The dealer shall provide to the consumer, each time the consumer's vehicle is returned from being diagnosed or repaired under the warranty, a fully itemized, legible warranty repair receipt indicating any diagnosis made and all work performed on the vehicle, including but not limited to:

     (1)  The defect or malfunction complained of;

     (2)  The work performed in an attempt to correct the defect or malfunction and the identity of the repairer if it is not the dealer;

     (3)  The parts replaced in performing such work;

     (4)  The date and odometer reading when the vehicle was submitted for repair; and

     (5)  The date when the vehicle was made available to the consumer.

The consumer shall sign a copy of the warranty repair receipt.

     (j)  A dealer may repair, within the meaning of this section, either by performing the repair itself or, if the dealer does not have a repair facility, by arranging and making payment for prompt repair by a motor vehicle repair dealer licensed under chapter 437B.

     (k)  The dealer shall provide repair or reimbursement notwithstanding the fact that the warranty period has expired, provided that the consumer provides notification to the dealer of the failure of a covered part within the specified warranty period. [L 1994, c 224, pt of §1; am L 2008, c 19, §24]