Duties of manufacturer if motor vehicle cannot be conformed to express warranties

1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall: (a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or (b) Accept return of the motor vehicle from the buyer and refund to him or her the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his or her use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his or her first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lienholder if any, as their interests may appear. 2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where: (a) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agent or authorized dealer within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or (b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.