(2)     The consumer shall provide an opportunity for the manufacturer of
factory branch, or its agent to cure the nonconformity, defect, or condition.

(3)     The manufacturer or factory branch, its agent, or its authorized dealer
shall correct the nonconformity, defect, or condition at no charge to the consumer, even
if repairs are made after the expiration of the warranty period. The corrections shall be
completed within 30 days of the manufacturer's receipt of the consumer's notification of.
the nonconformity, defect, or condition.                                                             

(c)     (1) If, during the warranty period, the manufacturer or factory branch, it's
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 hot 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 riot 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.                                                                 

(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, 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 of more
nonconformities, defects, or conditions for a cumulative total of 30 or more days during
the warranty period; or

- 1636 -

1994 LAWS OF MARYLAND

Ch. 217