3508                                         LAWS OF MARYLAND                                     Ch. 750

1. A REASONABLE ALLOWANCE FOR THE
CONSUMER'S USE OF THE VEHICLE NOT TO EXCEED 10 15 PERCENT OF THE
PURCHASE PRICE, AND LESS

2. A REASONABLE ALLOWANCE FOR DAMAGE NOT
ATTRIBUTABLE TO NORMAL WEAR BUT NOT TO INCLUDE DAMAGE RESULTING
FROM A NONCONFORMITY OR, DEFECT, OR CONDITION.

(2)  THE MANUFACTURER OR FACTORY BRANCH SHALL MAKE
REFUNDS UNDER THIS SECTION TO THE CONSUMER AND LIENHOLDER, IF
ANY, AS THEIR INTERESTS MAY APPEAR ON THE RECORDS OF OWNERSHIP
KEPT MAINTAINED BY THE MOTOR VEHICLE ADMINISTRATION.

(3)  IT IS AN AFFIRMATIVE DEFENSE TO ANY CLAIM UNDER
THIS SECTION THAT THE NONCONFORMITY, OR, DEFECT, OR CONDITION, OR
CONDITION:

(I)  DOES NOT SUBSTANTIALLY IMPAIR THE USE AND
MARKET VALUE OF THE MOTOR VEHICLE; OR

(II)  IS THE RESULT OF ABUSE, NEGLECT, OR
UNAUTHORIZED MODIFICATIONS OR ALTERATIONS OF THE MOTOR VEHICLE.

(4) THE MANUFACTURER OR FACTORY BRANCH SHALL BE
ENTITLED TO RECOVER FROM THE COMPTROLLER THE EXCISE TAX
ORIGINALLY PAID BY THE CONSUMER.

(D)  IT SHALL BE PRESUMED THAT A REASONABLE NUMBER OF
ATTEMPTS HAVE BEEN UNDERTAKEN TO CONFORM A MOTOR VEHICLE TO THE
APPLICABLE WARRANTIES IF:

(1)  THE SAME NONCONFORMITY, OR, DEFECT, OR CONDITION,
OR CONDITION HAS BEEN SUBJECT TO REPAIR 4 OR MORE TIMES BY THE
MANUFACTURER OR FACTORY BRANCH, OR ITS AGENTS OR AUTHORIZED
DEALERS, WITHIN THE WARRANTY PERIOD BUT SUCH NONCONFORMITY,
DEFECT, OR CONDITION CONTINUES TO EXIST;

(2)  THE VEHICLE IS OUT OF SERVICE BY REASON OF REPAIR

OF A NONCONFORMITY, DEFECT, OR CONDITION 1 OR MORE

NONCONFORMITIES OR , DEFECTS, OR CONDITIONS FOR A CUMULATIVE
TOTAL OF 30 OR MORE DAYS DURING THE WARRANTY PERIOD; OR

(3)  A NONCONFORMITY, OR , DEFECT, OR CONDITION, OR
CONDITION RESULTING IN FAILURE OF THE BRAKING OR STEERING SYSTEM
HAS BEEN SUBJECT TO THE SAME REPAIR AT LEAST ONCE WITHIN THE
WARRANTY PERIOD, AND THE MANUFACTURER HAS BEEN NOTIFIED AND GIVEN
THE OPPORTUNITY TO CURE THE DEFECT, AND THE REPAIR DOES NOT BRING
THE VEHICLE INTO COMPLIANCE WITH THE MOTOR VEHICLE SAFETY
INSPECTION LAWS OF THE STATE.

(E)  THE TERM OF ANY WARRANTY, THE WARRANTY PERIOD, AND THE
30 DAY OUT OF SERVICE PERIOD SHALL BE EXTENDED BY ANY TIME DURING
WHICH REPAIR SERVICES ARE NOT AVAILABLE TO THE CONSUMER BY REASON
OF WAR, INVASION, STRIKE, OR FIRE, FLOOD, OR OTHER NATURAL
DISASTER.