(1) The manufacturer shall publish an owner's manual and
provide it to the new motor vehicle dealer or leasing company.
The owner's manual shall include a list of the addresses and
phone numbers for the manufacturer's customer assistance
division, or zone or regional offices. A manufacturer shall
provide to the new motor vehicle dealer or leasing company all
applicable manufacturer's written warranties. The dealer or
leasing company shall transfer to the consumer, at the time of
original retail sale or lease, the owner's manual and applicable
written warranties as provided by a manufacturer.
(2) At the time of purchase, the new motor vehicle dealer
shall provide the consumer with a written statement that explains
the consumer's rights under this chapter. The written statement
shall be prepared and supplied by the attorney general and shall
contain a toll-free number that the consumer can contact for
information regarding the procedures and remedies under this
chapter. In the event a consumer requests modification of the
new motor vehicle in a manner which may partially or completely
void the manufacturer's implied or express warranty, and which
becomes part of the basis of the bargain of the initial retail
sale or lease of the vehicle, a new motor vehicle dealer shall
provide a clear and conspicuous written disclosure, independently
signed and dated by the consumer, stating "Your requested
modification may void all or part of a manufacturer warranty and
a resulting defect or condition may not be subject to remedies
afforded by the motor vehicle warranties act, chapter 19.118 RCW." A dealer who obtains a signed written disclosure under
circumstances where the warranty may be void is not subject to
this chapter as a manufacturer to the extent the modification
affects the use, value, or safety of a new motor vehicle.
Failure to provide the disclosure specified in this subsection
does not constitute a violation of chapter 19.86 RCW.
(3) For the purposes of this chapter, if a new motor vehicle
does not conform to the warranty and the consumer reports the
nonconformity during the term of the eligibility period or the
period of coverage of the applicable manufacturer's written
warranty, whichever is less, to the manufacturer, its agent, or
the new motor vehicle dealer who sold the new motor vehicle, the
manufacturer, its agent, or the new motor vehicle dealer shall
make repairs as are necessary to conform the vehicle to the
warranty, regardless of whether such repairs are made after the
expiration of the eligibility period. Any corrections or
attempted repairs undertaken by a new motor vehicle dealer under
this chapter shall be treated as warranty work and billed by the
dealer to the manufacturer in the same manner as other work under
the manufacturer's written warranty is billed. For purposes of
this subsection, the manufacturer's written warranty shall be at
least one year after the date of the original delivery to the
consumer of the vehicle or the first twelve thousand miles of
operation, whichever occurs first.
(4) Upon request from the consumer, the manufacturer or new
motor vehicle dealer shall provide a copy of any report or
computer reading compiled by the manufacturer's field or zone
representative regarding inspection, diagnosis, or test-drive of
the consumer's new motor vehicle, or shall provide a copy of any
technical service bulletin issued by the manufacturer regarding
the year and model of the consumer's new motor vehicle as it
pertains to any material, feature, component, or the performance
thereof.
(5) The new motor vehicle dealer shall provide to the
consumer each time the consumer's vehicle is returned from being
diagnosed or repaired under the warranty, a fully itemized,
legible statement or repair order indicating any diagnosis made,
and all work performed on the vehicle including but not limited
to, a general description of the problem reported by the consumer
or an identification of the defect or condition, parts and labor,
the date and the odometer reading when the vehicle was submitted
for repair, and the date when the vehicle was made available to
the consumer.
(6) No manufacturer, its agent, or the new motor vehicle
dealer may refuse to diagnose or repair any nonconformity covered
by the warranty for the purpose of avoiding liability under this
chapter.
(7) For purposes of this chapter, consumers shall have the
rights and remedies, including a cause of action, against
manufacturers as provided in this chapter.
(8) The eligibility period and thirty-day out-of-service
period, and sixty-day out-of-service period in the case of a
motor home, shall be extended by any time that repair services
are not available to the consumer as a direct result of a strike,
war, invasion, fire, flood, or other natural disaster.
[2009 c 351 § 2; 1998 c 298 § 3; 1995 c 254 § 2; 1987 c 344 § 3.]
NOTES:
Application -- 2009 c 351: See note following RCW 19.118.021.
Severability -- 1998 c 298: See note following RCW 19.118.021.
Effective date -- Severability -- 1995 c 254: See notes following RCW 19.118.021.