H0074B0069A04442 MSP:BTW 10/24/17 #90 A04442
AMENDMENTS TO HOUSE BILL NO. 74
Sponsor: REPRESENTATIVE FARRY
Printer's No. 69
Amend Bill, page 1, line 4, by striking out all of said line
and inserting
for definitions, for manufacturer's duty for refund or
replacement and for presumption of a reasonable number of
attempts.
Amend Bill, page 1, line 9, by inserting after "amended"
and the section is amended by adding a definition
Amend Bill, page 1, by inserting between lines 14 and 15
"Motorcycle." As defined in 75 Pa.C.S. § 102 (relating to
definitions).
Amend Bill, page 2, by inserting between lines 10 and 11
Section 1.1. Section 5 of the act is amended to read:
Section 5. Manufacturer's duty for refund or replacement.
If the manufacturer fails to repair or correct a
nonconformity after a reasonable number of attempts, the
manufacturer shall, at the option of the purchaser, replace the
motor vehicle with a comparable motor vehicle of equal value or
accept return of the vehicle from the purchaser and refund to
the purchaser the full purchase price or lease price, including
all collateral charges, less a reasonable allowance for the
purchaser's use of the vehicle not exceeding 10¢ per mile driven
or 10% of the purchase price or lease price of the vehicle,
whichever is less. Refunds shall be made to the purchaser and
lienholder, if any, as their interests may appear. A reasonable
allowance for use shall be that amount directly attributable to
use by the purchaser prior to his first report of the
nonconformity to the manufacturer. In the event the consumer
elects a refund, payment shall be made within 30 days of such
election. A consumer shall not be entitled to a refund or
replacement if the nonconformity does not substantially impair
the use, value or safety of the vehicle or the nonconformity is
the result of abuse, neglect or modification or alteration of
the motor vehicle by the purchaser. For purposes of this
section, the phrase "modification or alteration by the
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