(1) Each manufacturer shall
specify in its franchise agreement, or in a separate written
agreement, with each of its dealers licensed in this state, the
dealer's obligation to perform warranty work or service on the
manufacturer's products. Each manufacturer shall provide each of
its dealers with a schedule of compensation to be paid to the
dealer for any warranty work or service, including parts, labor,
and diagnostic work, required of the dealer by the manufacturer
in connection with the manufacturer's products, and for work on
and preparation of motorsports vehicles received from the
manufacturer. The compensation may not be less than the rates
reasonably charged by the dealer for like services and parts to
retail customers. The compensation may not be reduced by the
manufacturer for any reason or made conditional on an activity
outside the performance of warranty work.
(2) All claims for warranty work for parts and labor made by
dealers under this section must be paid by the manufacturer
within thirty days after approval, and must be approved or denied
within thirty days of receipt by the manufacturer. Denial of a
claim must be in writing with the specific grounds for denial.
The manufacturer may audit claims for warranty work and charge
the dealer for any unsubstantiated, incorrect, or false claims
for a period of one year after payment. However, the
manufacturer may audit and charge the dealer for any fraudulent
claims during any period for which an action for fraud may be
commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in the
manner specified by the manufacturer must be either approved or
disapproved within thirty days after their receipt. The
manufacturer shall notify the dealer in writing of a disapproved
claim, and shall set forth the reasons why the claim was not
approved. A claim not specifically disapproved in writing within
thirty days after receipt is approved, and the manufacturer is
required to pay that claim within thirty days of receipt of the
claim.
[2003 c 354 § 10.]