Bill Text: CT HB05946 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning Warranties Applicable To Vessels And Marine Engines.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-03 - Public Hearing 03/07 [HB05946 Detail]
Download: Connecticut-2011-HB05946-Comm_Sub.html
General Assembly |
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January Session, 2011 |
LCO No. 3983 | ||
*03983HB05946TRA* | |||
Referred to Committee on Transportation |
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Introduced by: |
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(TRA) |
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AN ACT CONCERNING WARRANTIES APPLICABLE TO VESSELS AND MARINE ENGINES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) (a) As used in this section: "Commissioner" means the Commissioner of Consumer Protection; "vessel" means every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water, exclusive of any such watercraft used primarily for purposes of transporting commercial cargo; "person" means any individual, partnership, firm, association, limited liability company, corporation or other entity; "consumer" means the purchaser, other than for purposes of resale, of a vessel, a lessee of a vessel, any person to whom such vessel is transferred during the duration of an express warranty applicable to such vessel, and any person entitled by the terms of such warranty to enforce the obligations of the warranty; "marine dealer" means a person engaged in the business of selling or repairing new or used vessels or marine engines; "vessel manufacturer" means a person engaged in the business of manufacturing, selling or repairing vessels; "marine engine manufacturer" means a person engaged in the business of manufacturing, selling or repairing marine engines; "marine engine" means an engine manufactured for use or used in vessels.
(b) If a new vessel or marine engine does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer of such vessel or engine, its agent or its authorized dealer during the period of two years following the date of original delivery of the vessel or marine engine to a consumer, such manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vessel or engine to such express warranties, notwithstanding the fact that such repairs are made after the expiration of the applicable period.
(c) No consumer shall be required to notify the vessel or engine manufacturer of a claim under this section unless the manufacturer has clearly and conspicuously disclosed to the consumer, in the warranty or owner's manual, that written notification of the nonconformity is required before the consumer may be eligible for a refund or replacement of the vessel or engine. The manufacturer shall include with the warranty or owner's manual the name and address to which the consumer shall send such written notification.
(d) If the manufacturer or its agents or authorized dealers are unable to conform the vessel or engine to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, safety or value of the vessel or engine to the consumer after a reasonable number of attempts, the manufacturer shall replace the vessel or engine with a new vessel or engine acceptable to the consumer, or accept return of the vessel or engine from the consumer and refund to the consumer: (1) The full purchase price, and (2) all collateral charges, including, but not limited to, sales tax, license and registration fees, and similar government charges.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
New section |
Statement of Purpose:
To provide remedies to purchasers of vessels or marine engines.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]