1674

LAWS OF MARYLAND

Ch. 127

[(c)] (D) (1) If, during the warranty period, the
manufacturer or factory branch, its agent, or its authorized
dealer is unable to repair or correct any defect or condition
that substantially impairs the use and market value of the motor
vehicle to the consumer after a reasonable number of attempts,
the manufacturer or factory branch, at the option of the
consumer, shall:

(i) Replace the motor vehicle with a comparable
motor vehicle acceptable to the customer; or

(ii) Accept return of the motor vehicle from
the consumer and refund to the consumer the full purchase price
including all excise tax, license fees, registration fees and any
similar governmental charges, less:

1.  A reasonable allowance for the
consumer's use of the vehicle not to exceed 15 percent of the
purchase price, and

2.  A reasonable allowance for damage not
attributable to normal wear but not to include damage resulting
from a nonconformity, 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 appear on the records of ownership
maintained by the Motor Vehicle Administration.

(3)  It is an affirmative defense to any claim under
this section that the nonconformity, defect, 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)] (E) 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, defect, 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 1 or more nonconformities, defects, or conditions for a
cumulative total of 30 or more days during the warranty period;
or