or a third party to whom the franchisor, manufacturer or distributor has provided consumer data. (b) Nothing contained in this Code section shall limit the ability of the franchisor, the manufacturer, or distributor, to require that the dealer provide, or use in accordance with the law, such customer information related solely to such manufacturer’s or distributor’s own vehicle makes to the extent necessary to do any of the following: (1) Satisfy any safety or recall notice obligations or other legal notice obligations on the part of the manufacturer; (2) Complete the sale and delivery of a new motor vehicle to a customer; (3) Validate and pay customer or dealer incentives; (4) Submit to the franchisor, manufacturer, or distributor claims for any services supplied by the dealer for any claim for warranty parts or repairs; (5) Market analysis; (6) Evaluate sales and service customer satisfaction with the dealer, including surveys; or (7) Reasonable marketing purposes that benefit the dealer. (c) In any cause of action against a franchisor, manufacturer, or distributor for a violation of this Code section, the party bringing the action shall have the burden of proof. Part 3: Motor Vehicle Warranty Practices 10-1-640. Short title. This part shall be known and may be cited as the “Motor Vehicle Warranty Practices Act.” 10-1-641. Dealer’s predelivery preparation, warranty service, and recall work obligations to be provided in writing; recovery costs; “stop-sale” defined. (a) (1) Each franchisor, manufacturer, or distributor: (A) Shall specify in writing to each of its dealers in this state the dealer´s obligations for predelivery preparation including the repair of damages incurred in the transportation of vehicles as set forth in Code Section 10-1-642, recall work, and warranty service on its products; (B) Shall, at the election of the dealer, reasonably compensate the dealer for parts and labor provided for such warranty service work as provided in paragraph (2) of this subsection; (C) Shall provide the dealer with a schedule of compensation to be paid such dealer for parts, work, and service in connection therewith; and (D) Shall provide the dealer with a schedule of the time allowance for the performance of such work and service. Any such schedule of compensation shall include reasonable compensation for diagnostic work, repair service, and labor. Time allowances for the diagnosis and performance of such work and service shall be reasonable and adequate for the work to be performed. (2) (A) In the determination of what constitutes reasonable compensation for parts and labor under this Code section, the principal factors to be considered shall be the retail rates customarily charged by the dealer, as established pursuant to this paragraph, and the rates for parts and labor charged by other similarly situated franchised dealers in a comparable geographic area in this state offering the same line-make vehicles. (B) The retail rate customarily charged by the dealer for parts shall be established by the dealer submitting to the franchisor, manufacturer, or distributor 100 sequential nonwarranty customer-paid service repair orders which contain warranty-like repairs or 90 consecutive days of nonwarranty customer-paid service repair orders which contain warranty-like parts, whichever is less. Such service repair orders shall cover repairs made no more than 180 days before the submission. If the franchisor, manufacturer, or distributor determines, from any set of repair orders submitted under this subparagraph, that the retail markup rate for WWW.GADA.COM | 61
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