407.571. Presumptions of nonconformity--exception. - Missouri Statutes

Presumptions of nonconformity--exception.

407.571. It shall be presumed that a reasonable number ofattempts have been undertaken to conform a new motor vehicle tothe applicable express warranties if within the terms,conditions, or limitations of the express warranty, or during theperiod of one year following the date of original delivery of thenew motor vehicle to a consumer, whichever expires earlier,either:

(1) The same nonconformity has been subject to repair fouror more times by the manufacturer, or its agents, and suchnonconformity continues to exist; or

(2) The new vehicle is out of service by reason of repair ofthe nonconformity by the manufacturer, through its authorizeddealer or its agents, for a cumulative total of thirty or moreworking days, exclusive of down time for routine maintenance asprescribed by the manufacturer, since delivery of the new vehicleto the consumer. The thirty-day period may be extended by aperiod of time during which repair services are not available tothe consumer because of conditions beyond the control of themanufacturer or its agents.

(L. 1984 H.B. 992 § 4 subsec. 4)