WILLIAM DONALD SCHAEFER, Governor                            Ch. 498

(I) APPROVED OR DISAPPROVED BY THE MANUFACTURER,
FACTORY BRANCH, OR DISTRIBUTOR WITHIN 30 DAYS AFTER RECEIPT OF THE
CLAIM; AND

(II) PAID WITHIN 30 DAYS AFTER THE CLAIM WAS APPROVED.

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

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

(I) 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;
AN©

(II) A CHARGEBACK FOR A FALSE OR UNSUBSTANTIATED CLAIM
MAY BE MADE ONLY DURING THE 180 DAY PERIOD AFTER THE LATER OF:

1. THE CLOSE OF THE SALES, SERVICE, OR PROMOTIONAL
EVENT OR ANY PROGRAM OR ACTIVITY; OR

2. THE DATE OF THE CLAIM APPROVAL.

(4) A MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH SHALL
HAVE THE BURDEN OF PROVING THAT A CLAIM IS INTENTIONALLY FALSE OR
FRAUDULENT FOR THE PURPOSES OF PARAGRAPH (3) OF THIS SUBSECTION.

(4) (I) A CLAIM FILED UNDER THIS SECTION BY A DEALER WITH A
MANUFACTURER OR DISTRIBUTOR SHALL BE:

1. IN THE MANNER AND FORM PRESCRIBED BY THE
MANUFACTURER OR DISTRIBUTOR; AND

2. APPROVED OR DISAPPROVED WITHIN 30 DAYS OF
RECEIPT.

(II) A CLAIM NOT APPROVED OR DISAPPROVED WITHIN 30 DAYS OF
RECEIPT SHALL BE DEEMED APPROVED.

(III) PAYMENT OF OR CREDIT ISSUED ON A CLAIM FILED UNDER
THIS SECTION SHALL BE MADE WITHIN 30 DAYS OF APPROVAL.

(5) (I) IF A CLAIM FILED UNDER THIS SECTION IS SHOWN BY THE
MANUFACTURER OR DISTRIBUTOR TO BE FALSE OR UNSUBSTANTIATED, THE
MANUFACTURER OR DISTRIBUTOR MAY CHARGE BACK THE CLAIM WITHIN 1 YEAR
FROM THE DATE THE CLAIM WAS PAID OR CREDIT ISSUED.

(II) THIS PARAGRAPH DOES NOT LIMIT THE RIGHT OF A
MANUFACTURER OR DISTRIBUTOR TO:

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