Oklahoma § 47-596.9 - Warrantor obligations - Approval of claims

§ 47-596.9. Warrantor obligations - Approval of claims

A. A warrantor has all of the following obligations to each

dealer engaged in the sale or lease of products that are covered by

a warranty from that warrantor:

1. To specify in writing to the dealer the obligations of the

dealer, if any, for preparation, delivery, and warranty service on

its products;

2. To compensate the dealer for warranty service required of

the dealer by the warrantor;

3. To provide the dealer with a schedule of compensation the

warrantor will pay for warranty work and the time allowances of the

warrantor for the performance of that work. All of the following

conditions apply to the schedule of compensation required under this

paragraph:

a.

reasonable compensation for diagnostic work and

warranty labor,

b.

time allowances in the schedule for the diagnosis and

performance of warranty labor shall be reasonable for

the work to be performed, and

c.

the compensation of a dealer for warranty labor shall

be the actual retail labor rates charged by the dealer

in the community in which the dealer is doing

business;

4. To reimburse the dealer for warranty parts at actual

wholesale cost, plus a minimum thirty percent (30%) handling charge

and any freight costs to return warranty parts to the warrantor; and

5. To deny dealer claims for warranty compensation only for

cause, including, but not limited to, performance of nonwarranty

repairs, material noncompliance with the published policies and

procedures of the warrantor, lack of material documentation of

claims, fraud, or misrepresentation.

B. A warrantor may conduct audits of the records of a dealer

that sells or leases its warranted products on a reasonable basis.

C. A dealer shall submit warranty claims to a warrantor within

sixty (60) days after completing all warranty work on a warranted

product.

D. A dealer shall notify the warrantor in writing if the dealer

is unable to perform material or repetitive warranty repairs as soon

as is reasonably possible.

E. A warrantor shall approve or disapprove a warranty claim on

a warranted product in writing within thirty (30) days after the

Oklahoma Statutes - Title 47. Motor Vehicles

date the dealer submits the claim, if the claim is submitted in the

manner and in the form prescribed by the warrantor. If a claim that

is properly submitted is not specifically disapproved in writing by

a warrantor within the thirty-day time period, the claim shall be

considered approved by the warrantor and the warrantor shall pay the

amount of the claim to the dealer within sixty (60) days after the

dealer submitted the claim.

Added by Laws 2011, c. 272, § 11, eff. Jan. 1, 2012.