(1) If the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer is unable to conform the motor vehicle to the warranty by repairing or correcting the defect or condition that substantially impairs the use and market value of or safety of the motor vehicle after a reasonable number of attempts, the manufacturer shall, at the manufacturer's option, replace the motor vehicle with a comparable motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including the sales tax, license fees, and registration fees and any similar governmental charges, less a reasonable allowance for the consumer's use of the motor vehicle. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear. (2) (a) A reasonable number of attempts is presumed to have been undertaken to conform a motor vehicle to the warranty if: (I) The same nonconformity has been subject to repair three or more times by the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer within the first twenty-four thousand miles or within two years following the date of the original delivery of the motor vehicle to the consumer, whichever occurs earlier, but the nonconformity continues to exist; (II) The motor vehicle is out of service by reason of repair for a cumulative total of twenty-four or more business days of the repairer during the mileage specified in subsection (2)(a)(I) of this section or during the time period specified in subsection (2)(a)(I) of this section, whichever occurs earlier; or (III) A safety-based nonconformity has been subject to two or more repair attempts by the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer within the first twenty-four thousand miles of operation or within two years following the date of the original delivery of the motor vehicle to the consumer, whichever occurs earlier, but the safety- based nonconformity continues to exist. (b) For the purposes of this subsection (2), the term of a warranty, the two-year period, and the twenty-four-day period are extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, or fire, flood, or other natural disaster. (c) A presumption under subsection (2)(a) of this section does not apply against a manufacturer unless the manufacturer has received prior written notification by certified mail from or on behalf of the consumer stating that one or more attempts to repair the same nonconformity have been made pursuant to section 42-10-102 and the alleged nonconformity remains, and the manufacturer has been provided ten business days to cure the alleged defect after receipt of the notification. The defect counts as one nonconformity subject to repair under subsections (2)(a)(I) and (2)(a)(III) of this section. (d) Every authorized motor vehicle dealer shall include a form, containing the manufacturer's name and business address, with each motor vehicle owner's manual on which the consumer may give written notification of any defect, as such notification is required by paragraph (c) of this subsection (2), and the form shall clearly and conspicuously disclose that written notification by certified mail of the nonconformity is required, in order for the consumer to obtain remedies under this article. (3) The court shall award reasonable attorney fees to the prevailing side in any action brought to enforce the provisions of this article. (4) A reasonable allowance for use, as described in subsection (1) of this section, must be obtained by multiplying the total contract price or lessee cost of the motor vehicle by a fraction having as its denominator one hundred thousand and having as the fraction's numerator the sum of: (a) The number of miles that the motor vehicle traveled before the consumer's first presentation of the vehicle to the manufacturer, the manufacturer's agent, or the manufacturer's dealer or lessor for repair of the nonconformity; and (b) The number of miles that the motor vehicle traveled during any subsequent period when the motor vehicle was not out of service by reason of repair.
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