Wis. Admin. Code Department of Transportation Trans 143.03 - Duties of the manufacturer

(1) Manufacturers subscribing to a certified mechanism for resolving consumer allegations of nonconformities in motor vehicles covered under the provisions of s. 218.0171(2) (b), Stats., shall not incorporate into a written warranty terms which fail to comply with the requirements of this chapter. This paragraph does not prohibit a manufacturer from incorporating into the terms of a written warranty the step-by-step procedure which the consumer should take in order to obtain performance of any obligation under other warranty claims.

(2) The manufacturer shall disclose clearly and conspicuously at least the following information on the face of the written warranty:

(a) A statement of the availability of a certified mechanism;

(b) The name and address of the certified mechanism, or the name and telephone number of the certified mechanism which consumers may use without charge;

(c) A statement of the requirement that the consumer resort to a certified mechanism before initiating a legal action under s. 218.0171(7), Stats.; and,

(d) A statement indicating where further information on the certified mechanism can be found in materials accompanying the motor vehicle, as provided in sub. (3).

(3) The manufacturer shall include in the written warranty or in a separate section of materials accompanying the motor vehicle, the following information:

(a) Either:

1. A form addressed to the certified mechanism containing spaces requesting the information which the certified mechanism may require for prompt resolution of disputes; or

2. A telephone number of the certified mechanism which consumers may use without charge;

(b) The name and address of the certified mechanism;

(c) A brief description of the certified mechanism's procedures;

(d) The time limits adhered to by the certified mechanism; and

(e) The types of information which the certified mechanism may require for prompt resolution of disputes.

(4) The manufacturer shall take steps reasonably calculated to make consumers aware of the certified mechanism's existence at the time consumers experience warranty complaints. Nothing contained in sub. (2), (3), or (4) shall limit the manufacturer's option to encourage consumers to seek redress directly from the manufacturer as long as the manufacturer does not expressly require consumers to seek redress directly from the manufacturer. The manufacturer shall proceed fairly and expeditiously to attempt to resolve all warranty complaints submitted directly to the manufacturer.

(5) Whenever a consumer submits a warranty complaint directly to a manufacturer, the manufacturer shall decide whether, and to what extent, it will satisfy the consumer.

(a) If the consumer's warranty complaint is submitted to the manufacturer orally, the manufacturer may respond orally, unless the consumer requests a written response; or,

(b) If the consumer's warranty complaint is submitted to the manufacturer in writing, the manufacturer shall respond in writing. In its written response to the consumer of its decision, the manufacturer shall include the information required in subs. (2) and (3).

(6) The manufacturer shall:

(a) Respond fully and promptly to reasonable requests by the certified mechanism for information;

(b) Abide by and perform any obligations ordered in decisions of the certified mechanism; and,

(c) Comply with requirements imposed by the certified mechanism.

Notes

Wis. Admin. Code Department of Transportation Trans 143.03

Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (1), (2) (c) made under s. 13.92(4) (b) 7, Stats., Register March 2012 No. 675.