Ch. 498

1994 LAWS OF MARYLAND

(2)     Notwithstanding paragraph (1) of this subsection and except as provided
in paragraph (3) of this subsection, a licensee may not compensate its dealers for work
performed under any warranty under subsection (b)(3)(ii) of this section in an amount
that is less than the average amount charged by the dealer to retail customers for
nonwarranty work of like kind during the preceding 12 months as long as this amount is
reasonable.

(3)      The provisions of paragraph (2) of this subsection do not apply to travel
trailers or parts of systems, fixtures, appliances, furnishings, accessories, and features of
motor homes that are not manufactured by the manufacturer of the motor home as a part
of the unit.

(4)      (I) ANY CLAIM FOR COMPENSATION MADE BY A DEALER UNDER
THIS SECTION ON A PROPERLY COMPLETED FORM GENERALLY USED BY
MANUFACTURERS, DISTRIBUTORS, AND FACTORY BRANCHES SHALL BE:

1. APPROVED OR DISAPPROVED BY THE MANUFACTURER,
DISTRIBUTOR, OR FACTORY BRANCH WITHIN 30 DAYS AFTER RECEIPT OF THE
CLAIM; AND

2. PAID TO THE DEALER WITHIN 30 DAYS AFTER THE CLAIM
WAS APPROVED.

(II) ANY CLAIM THAT IS NOT DISAPPROVED IN WRITING WITHIN 30
DAYS AFTER RECEIPT OF THE FORM SHALL BE CONSIDERED TO BE APPROVED AND
PAYMENT OF THE CLAIM SHALL BE MADE WITHIN 30 DAYS.                       

(III) EXCEPT IN THE CASE OF AN INTENTIONALLY FALSE OR
FRAUDULENT CLAIM BY A DEALER:             .                                                 

1. A CLAIM WHICH HAS BEEN APPROVED AND PAID MAY
NOT BE CHARGED BACK TO THE DEALER UNLESS THE MANUFACTURER,
DISTRIBUTOR, OR FACTORY BRANCH CAN SHOW THAT THE CLAIM WAS
UNSUBSTANTIATED OR FALSE.                                                                     

2. A CHARGEBACK OF A CLAIM MAY BE MADE ONLY WITHIN
A 1 YEAR PERIOD AFTER THE DATE OF THE CLAIM APPROVAL.

(IV) A MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH
SHALL HAVE THE "RESPONSIBILITY OF SHOWING THAT A CLAIM IS INTENTIONALLY
FALSE OR FRAUDULENT FOR THE PURPOSES OF ITEM (III) OF THIS PARAGRAPH.

15-212.1.

(A)     A MANUFACTURER, FACTORY BRANCH, OR DISTRIBUTOR SHALL
COMPENSATE A DEALER. FOR ANY MANUFACTURER, FACTORY BRANCH, OR
DISTRIBUTOR SPONSORED SALES, SERVICE, OR PROMOTIONAL EVENT OR ANY
PROGRAM OR ACTIVITY.                      .

(B)     (1) ANY CLAIM FOR COMPENSATION MADE BY A DEALER UNDER THIS

SECTION ON A PROPERLY COMPLETED FORM GENERALLY USED BY

MANUFACTURERS, DISTRIBUTORS, AND FACTORY BRANCHES SHALL BE;

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