55-24-105 - Presumptions Term of protection Notice to manufacturer. - Tennessee Statutes

55-24-105. Presumptions Term of protection Notice to manufacturer.

(a)  It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if:

     (1)  The same nonconformity has been subject to repair three (3) or more times by the manufacturer or its agents or authorized dealers during the term of protection, but the nonconformity continues to exist; or

     (2)  The vehicle is out of service by reason of repair for a cumulative total of thirty (30) or more calendar days during the term of protection.

(b)  The term of protection and the thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.

(c)  It shall be the responsibility of the consumer, or the representative of the consumer, prior to proceeding under § 55-24-103, to give written notification by certified mail directly to the manufacturer of the need for the correction or repair of the nonconformity. If the address of the manufacturer is not readily available to the consumer in the owner's manual or manufacturer's warranty received by the consumer at the time of purchase of the motor vehicle, the written notification shall be mailed to an authorized dealer. The authorized dealer shall upon receipt forward the notification to the manufacturer. If, at the time the notice is given, either of the conditions set forth in subsection (a) already exists, the manufacturer shall be given an additional opportunity after receipt of the notification, not to exceed ten (10) days, to correct or repair the nonconformity.

[Acts 1986, ch. 857, § 5; 2003, ch. 22, § 4; T.C.A. § 55-24-205.]