§ 20-351.5. Presumption. - North Carolina Statutes

§ 20‑351.5. Presumption.

(a)        It is presumed thata reasonable number of attempts have been undertaken to conform a motor vehicleto the applicable express warranties if:

(1)        The samenonconformity has been presented for repair to the manufacturer, its agent, orits authorized dealer four or more times but the same nonconformity continuesto exist; or

(2)        The vehicle was outof service to the consumer during or while awaiting repair of the nonconformityor a series of nonconformities for a cumulative total of 20 or more businessdays during any 12‑month period of the warranty,

provided that the consumer hasnotified the manufacturer directly in writing of the existence of thenonconformity or series of nonconformities and allowed the manufacturer areasonable period, not to exceed 15 calendar days, in which to correct thenonconformity or series of nonconformities.  The manufacturer must clearly andconspicuously disclose to the consumer in the warranty or owners manual thatwritten notification of a nonconformity is required before a consumer may beeligible for a refund or replacement of the vehicle and the manufacturer shallinclude in the warranty or owners manual the name and address where the writtennotification may be sent.  Provided, further, that notice to the manufacturershall not be required if the manufacturer fails to make the disclosuresprovided herein.

(b)        The consumer mayprove that a defect or condition substantially impairs the value of the motorvehicle to the consumer in a manner other than that set forth in subsection (a)of this section.

(c)        The term of anexpress warranty, the one‑year period, and the 20‑day period shallbe extended by any period of time during which repair services are notavailable to the consumer because of war, strike, or natural disaster. (1987,c. 385.)