In the United States, a warranty dispute must be submitted to the
Dispute Settlement Board before taking action under the Magnuson-Moss
Warranty Act, or to the extent allowed by state law, before pursuing
replacement or repurchase remedies provided by certain state laws. This
dispute handling procedure is not required prior to enforcing state
created rights or other rights which are independent of the
Magnuson-Moss Warranty Act or state replacement or repurchase laws.
IN CALIFORNIA (U.S. ONLY)
California Civil Code Section 1793.2(d) requires that, if a manufacturer
or its representative is unable to repair a motor vehicle to conform to the
vehicle’s applicable express warranty after a reasonable number of
attempts, the manufacturer shall be required to either replace the
vehicle with one substantially identical or repurchase the vehicle and
reimburse the buyer in an amount equal to the actual price paid or
payable by the consumer (less a reasonable allowance for consumer
use). The consumer has the right to choose whether to receive a refund
or replacement vehicle.
California Civil Code Section 1793.22(b) presumes that the manufacturer
has had a reasonable number of attempts to conform the vehicle to its
applicable express warranties if, within the first 18 months of ownership
of a new vehicle or the first 18,000 miles (29,000 km), whichever occurs
first:
1. Two or more repair attempts are made on the same non-conformity
likely to cause death or serious bodily injury OR
2. Four or more repair attempts are made on the same nonconformity (a
defect or condition that substantially impairs the use, value or safety of
the vehicle) OR
3. The vehicle is out of service for repair of nonconformities for a total of
more than 30 calendar days (not necessarily all at one time)
In the case of 1 or 2 above, the consumer must also notify the
manufacturer of the need for the repair of the nonconformity at the
following address:
Ford Motor Company
16800 Executive Plaza Drive
Mail Drop 3NE-B
Dearborn, MI 48126
THE DISPUTE SETTLEMENT BOARD (U.S. ONLY)
The Dispute Settlement Board is:
•
an independent, third-party arbitration program for warranty disputes.
2005 Mountaineer
(mnt)
Owners Guide (post-2002-fmt)
USA
(fus)
Customer Assistance
240
Summary of Contents for 2005
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