Tenn. Comp. R. & Regs. 0960-01-.03 - WARRANTY CHARGES AND SALES INCENTIVE AUDITS
(1)
(a) All charges made by a motor vehicle
dealer to a manufacturer, distributor, manufacturer or distributor branch, or
manufacturer or distributor representative for warranty repairs or servicing
shall be submitted within thirty (30) days after such repairs or servicing is
completed. All such claims for warranty repairs or servicing properly submitted
shall be deemed approved and shall be promptly paid, unless within sixty (60)
days after such claims are received, the manufacturer, distributor,
manufacturer or distributor branch, or manufacturer or distributor
representative provides the submitting dealer with written notice that the
claim or claims are rejected and the reason therefor. A manufacturer,
distributor, manufacturer or distributor branch, or manufacturer or distributor
representative may, within twelve (12) months after the payment of a warranty
claim, review its action, audit the submitting dealer's records and disallow
the claim for good cause.
(b) A
manufacturer, distributor, manufacturer or distributor branch, or manufacturer
or distributor representative may, within twelve (12) months after the payment
of sales incentives, review its action, audit the submitting dealer's records
and disallow the claim for good cause. In the event of a manufacturer or
distributor sales incentive audit of a dealer, if it is properly determined
that a dealer must reimburse a manufacturer or distributor after a full and
fair audit, the dealer shall nevertheless be entitled to a reduction in the
reimbursement if the dealer qualified for some different payment or benefit as
a result of the sale or sales being audited.
(2) Unless a motor vehicle dealer's franchise
agreement with a manufacturer or distributor provides to the contrary, a motor
vehicle dealer is required to retain parts replaced during warranty repairs or
services for a period of thirty (30) days after the date the dealer submits a
claim for warranty reimbursement to the manufacturer or distributor for the
repairs or servicing in which the part or parts were replaced.
Notes
Authority: T.C.A. § 55-17-107.
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Current through March 20, 2022
(1)
(a) All charges made by a motor vehicle dealer to a manufacturer, distributor, manufacturer or distributor branch, or manufacturer or distributor representative for warranty repairs or servicing shall be submitted within thirty (30) days after such repairs or servicing is completed. All such claims for warranty repairs or servicing properly submitted shall be deemed approved and shall be promptly paid, unless within sixty (60) days after such claims are received, the manufacturer, distributor, manufacturer or distributor branch, or manufacturer or distributor representative provides the submitting dealer with written notice that the claim or claims are rejected and the reason therefor. A manufacturer, distributor, manufacturer or distributor branch, or manufacturer or distributor representative may, within twelve (12) months after the payment of a warranty claim, review its action, audit the submitting dealer's records and disallow the claim for good cause.
(b) A manufacturer, distributor, manufacturer or distributor branch, or manufacturer or distributor representative may, within twelve (12) months after the payment of sales incentives, review its action, audit the submitting dealer's records and disallow the claim for good cause. In the event of a manufacturer or distributor sales incentive audit of a dealer, if it is properly determined that a dealer must reimburse a manufacturer or distributor after a full and fair audit, the dealer shall nevertheless be entitled to a reduction in the reimbursement if the dealer qualified for some different payment or benefit as a result of the sale or sales being audited.
(2) Unless a motor vehicle dealer's franchise agreement with a manufacturer or distributor provides to the contrary, a motor vehicle dealer is required to retain parts replaced during warranty repairs or services for a period of thirty (30) days after the date the dealer submits a claim for warranty reimbursement to the manufacturer or distributor for the repairs or servicing in which the part or parts were replaced.
Notes
Authority: T.C.A. § 55-17-107.