Title 4, Chapter 90, Subchapter 4 (New Motor Vehicle Quality Assurance Act) Section 4-90-401 et seq. of Arkansas Code is also known and can be cited as the “Arkansas New Motor Vehicle Quality Assurance Act”.
Pursuant to Section 4-90-403 (13) of New Motor Vehicle Quality Assurance Act, nonconformity to applicable manufacturer’s express warranty or implied warranty of any defect/condition that substantially impairs use, value, or safety of motor vehicle is deemed to be a defect of the vehicle.
According to Section 4-90-103 (12) (B), the time limit prescribed for manufacturer repair is within twenty four months after the date of the original delivery of the motor vehicle to a consumer, or the first twenty four thousand miles of operation attributable to the consumer, whichever comes later.
According to Section 4-90-406 of New Motor Vehicle Quality Assurance Act, legal remedy is available for the consumer. This Section prescribes the remedy that a consumer or the owner of the motor vehicle can claim if the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any warranty by repairing or correcting a nonconforming condition after reasonable attempts. The manufacturer should either replace the motor vehicle with a replacement motor vehicle acceptable to consumer or repurchase the motor vehicle and return full purchase price plus collateral and reasonably incurred incidental charges after reducing a reasonable offset for the use and physical damage of the motor vehicle. The consumer has the liberty to decide either of the two remedies.
A.C.A. § 4-90-401
Title.
This subchapter shall be known and may be cited as the “Arkansas New Motor Vehicle Quality Assurance Act”.
A.C.A. § 4-90-403
13) “Nonconformity” means any specific or generic defect or condition or any concurrent combination of defects or conditions that:
(A) Substantially impairs the use, market value, or safety of a motor vehicle; or
(B) Renders the motor vehicle nonconforming to the terms of an applicable manufacturer’s express warranty or implied warranty of merchantability.
****
A.C.A. § 4-90-403
(B) Ends twenty-four (24) months after the date of the original delivery of the motor vehicle to a consumer, or the first twenty-four thousand miles (24,000) of operation attributable to the consumer, whichever is later;
****
A.C.A. § 4-90-406
(3) If the manufacturer fails to notify and provide the consumer with the opportunity to have the vehicle repaired at a reasonably accessible repair facility or fails to perform the repairs within the time periods prescribed in this subsection, the requirement that the manufacturer be given a final attempt to cure the nonconformity does not apply and a nonrebuttable presumption of a reasonable number of attempts to repair arises.
(b) (1) (A) If the manufacturer, its agent, or authorized dealer has not conformed the motor vehicle to the warranty by repairing or correcting one (1) or more nonconformities that substantially impair the motor vehicle after a reasonable number of attempts, the manufacturer, within forty (40) days, shall:
(i) At the time of its receipt of payment of a reasonable offset for use by the consumer, replace the motor vehicle with a replacement motor vehicle acceptable to the consumer; or
(ii) Repurchase the motor vehicle from the consumer or lessor and refund to the consumer or lessor the full purchase price or lease price, less a reasonable offset for use and less a reasonable offset for physical damage sustained to the vehicle while under the ownership of the consumer.
(B) The replacement or refund shall include payment of all collateral and reasonably incurred incidental charges.
****
