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815 ILCS 380/3
(815 ILCS 380/3) (from Ch. 121 1/2, par. 1203)
Sec. 3.
Failure of vehicle to conform; remedies; presumptions.
(a) If after a reasonable number of attempts the seller is unable to conform
the new vehicle to any of its applicable express warranties, the manufacturer
shall either provide the consumer with a new vehicle of like model line, if
available, or otherwise a comparable motor vehicle as a replacement, or accept
the return of the vehicle from the consumer and refund to the consumer the full
purchase price or lease cost of the new vehicle, including all collateral
charges, less a reasonable allowance for consumer use of the vehicle. For
purposes of this Section, "collateral charges" does not include taxes paid by
the purchaser on the initial purchase of the new vehicle. The retailer who
initially sold the vehicle may file a claim for credit for taxes paid pursuant
to the terms of Sections 6, 6a, 6b, and 6c of the Retailers' Occupation Tax
Act. Should the vehicle be converted, modified or altered in a way other than
the manufacturer's original design, the party which performed the conversion or
modification shall be liable under the provisions of this Act, provided the
part or parts causing the vehicle not to perform according to its warranty were
altered or modified.
(b) A presumption that a reasonable number of attempts have been undertaken
to conform a new vehicle to its express warranties shall arise where, within
the statutory warranty period,
(1) the same nonconformity has been subject to repair | | by the seller, its agents or authorized dealers during the statutory warranty period, 4 or more times, and such nonconformity continues to exist; or
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(2) the vehicle has been out of service by reason of
| | repair of nonconformities for a total of 30 or more business days during the statutory warranty period.
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(c) A reasonable allowance for consumer use of a vehicle is that amount
directly attributable to the wear and tear incurred by the new vehicle as a
result of its having been used prior to the first report of a nonconformity
to the seller, and during any subsequent period in which it is not out of
service by reason of repair.
(d) The fact that a new vehicle's failure to conform to an express warranty
is the result of abuse, neglect or unauthorized modifications or alterations
is an affirmative defense to claims brought under this Act.
(e) The statutory warranty period of a new vehicle shall be suspended for
any period of time during which repair services are not available to the
consumer because of a war, invasion or strike, or a fire, flood or other
natural disaster.
(f) Refunds made pursuant to this Act shall be made to the consumer, and
lien holder if any exists, as their respective interests appear.
(g) For the purposes of this Act, a manufacturer sells a new vehicle to a
consumer when he provides that consumer with a replacement vehicle pursuant
to subsection (a).
(h) In no event shall the presumption herein provided apply against a
manufacturer, his agent, distributor or dealer unless the manufacturer has
received prior direct written notification from or on behalf of the consumer,
and has an opportunity to correct the alleged defect.
(Source: P.A. 89-359, eff. 8-17-95; 89-375, eff. 8-18-95; 89-626, eff.
8-9-96.)
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