§ 143-143.18. Warranty service. - North Carolina Statutes

§ 143‑143.18.  Warrantyservice.

(a)        When a serviceagreement exists between or among a manufacturer, dealer and supplier toprovide warranty service, the agreement shall specify which party is to remedywarranty defects. Every service agreement shall be in writing. Nothingcontained in such an agreement shall relieve the responsible party, as providedby this Part, of responsibility to perform warranty service. However, anylicensee undertaking by such agreement to perform the warranty serviceobligations of another shall thereby himself become responsible both to thatother licensee and to the buyer for his failure adequately to perform asagreed.

(b)        When no serviceagreement exists for warranty service, the responsible party as designated bythis Part is responsible for remedying the warranty defect.

(c)        A substantialdefect shall be remedied within 45 days after the receipt of writtennotification from the claimant. If no written notification is given, the defectshall be remedied within 45 days after the mailing of notification by theBoard, unless the claim is unreasonable or bona fide reasons exist for notremedying the defect within the 45‑day period. The responsible partyshall respond to the claimant in writing with a copy to the Board stating its reasonsfor not promptly remedying the defect and stating what further action iscontemplated by the responsible party. Notwithstanding the foregoing provisionsof this subsection, defects, which constitute an imminent safety hazard to lifeand health shall be remedied within five working days of receipt of the writtennotification of the warranty claim. An imminent safety hazard to life andhealth shall include but not be limited to (i) inadequate heating in freezingweather; (ii) failure of sanitary facilities; (iii) electrical shock, leakinggas; or (iv) major structural failure. The Board may suspend this five‑daytime period in the event of widespread defects or damage resulting from adverseweather conditions or other natural catastrophes.

(d)        When the personremedying the defect is not the responsible party as designated by theprovisions of this Part, he shall be entitled to reasonable compensation paidto him by the responsible party. Conduct that coerces or requires anonresponsible party to perform warranty service is a violation of this Part.

(e)        Warranty serviceshall be performed at the site at which the manufactured home is initiallydelivered to the buyer, except for components which can be removed for servicewithout substantial expense or inconvenience to the buyer.

(f)         Any dealer,manufacturer or supplier may complain to the Board when warranty serviceobligations under this Part are not being enforced. (1981, c. 952, s. 2; 1987, c.429, ss. 17, 19; 1999‑393, s. 1; 2005‑451, s. 1.)