Title 10, Chapter 1, Section 641
( 10-1-641)
(a)(1) Each distributor, manufacturer, or warrantor: (A) Shall specify in writing to each of its dealers in this state the dealer's obligations for predelivery preparation including the repair of damages incurred in the transportation of vehicles as set forth in Code Section 10-1-642, recall work, and warranty service on its products; (B) Shall compensate the dealer for such work and service
required of the dealer by the distributor, manufacturer, or
warrantor; (C) Shall provide the dealer with a schedule of compensation to
be paid such dealer for parts, work, and service in connection
therewith; and (D) Shall provide the dealer with a schedule of the time
allowance for the performance of such work and service. Any
such schedule of compensation shall include reasonable
compensation for diagnostic work, repair service, and labor.
Time allowances for the diagnosis and performance of such work
and service shall be reasonable and adequate for the work to be
performed. (2) In the determination of what constitutes reasonable
compensation for parts reimbursement and labor rates under this
Code section, the principal factors to be considered shall be the
retail price paid to dealers for parts and the prevailing hourly
labor rates paid to dealers doing the repair, work, or service and
to other dealers in the community in which the dealer doing the
repair, work, or service is doing business for the same or similar
repair, work, or service. However, in no event shall parts
reimbursement paid to the dealer be less than the retail price for
such parts being paid to such dealer by nonwarranty customers for
nonwarranty parts replacement, and in no event shall the hourly
labor rate paid to a dealer for such warranty repair, work, or
service be less than the rate charged by such dealer for like
repair, work, or service to nonwarranty customers for nonwarranty
repair, work, or service. (b) Manufacturers and distributors shall include in written notices
of factory recalls to new motor vehicle owners and dealers the
expected date by which necessary parts and equipment will be
available to dealers for the correction of such defects.
Manufacturers and distributors shall compensate any dealers in this
state for repairs effected by all recalls. (c) All such claims shall be either approved or disapproved within
30 days after their receipt on forms and in the manner specified by
the manufacturer, distributor, or warrantor, and any claim not
specifically disapproved in writing within 30 days after the receipt
shall be construed to be approved and payment must follow within 30
days. |