Pub. 58 2017-2018 Issue 3

27 SPRING 2018 Call today! 800.934.8641 T E C H N I C I A N S S H OWR O OM E M P L O Y E E S O F F I C E S T A F F S E R V I C E WO R K E R S Make your company a stand out! With custom uniforms and services by UniFirst, you can enhance your brand image, motivate employees, and inspire customer confidence. You can also make your dealership shine with our facility service programs that include floorcare, restroom, and other ancillary business products. As a TADA member, you and your team will receive specially negotiated rates and initial order discounts ! So why not experience the UniFirst Difference for yourself? UniFirst—Your TADA Endorsed Uniform Supplier manufacturer or distributor provides a warranty and if the vehicle does not conform to the warranty after a reason- able number of attempts and the same non-conformity continues to exist, then the manufacturer or distributor must perform in accordance with the “lemon law” by re- purchasing or replacing the vehicle. Authorizing the Board to order a manufacturer or distributor to conforma vehicle to its warranty does not allow that thewarranty provider “act in the capacity of a dealer”- it requires the warranty provider to comply with its warranty and that a promise is kept. Giving the Board the authority in 2007 to impose a civil penalty; bring a suit for injunctive relief; and deny, revoke, or sus- pend a license if a used truck facility performs new motor vehicle warranty repairs is also another clear indication that the Legislature’s proscription on a manufacturer or distributor from “acting in the capacity of a dealer” includes warranty repairs. 66 If a dealer adds an option or item that contributes to the defect that serves as the basis for a Board order to refund or replace, then that dealer is required to reimburse the owner for that option or item-not the motor vehicle manufacturer or distributor. 67 It does not follow that by giving the Board the authority to mandate a manufacturer or distributor to comply with their warranty under the “lemon law” statute that the statute al- lows the manufacturer or distributor to perform warranty repairs in each warranty repair instance. The Board “causes” or orders compliance with a manufacturer’s warranty and can do so through the warrantor or the franchised dealer if the conditions precedent are satisfied under Subchapter M. 68 Reading the “lemon law” statute and Chapter 2301 as a whole, the Legislature intends intra-brand competi- tion in its administration and in its construction. 69 The manufacturer or distributor is responsible to comply with their warranty and the franchised dealer is the repairer by statute, license, and contract. The “making of repairs” states a duty to repair or to oversee the repair function, which is the sales and service agreement construct as well as the statute's design. A condition precedent to a “lemon law” determination is an initial “lemon law” filing to the agency by the vehicle owner. If no “lemon law” complaint is filed, then a Board ordered repair, refund, or replacement is not triggered. 70 The statutory prohibition disallowing a manufacturer or distributor from acting in the capacity of a dealer controls and includes repairs, warranty repair services, repair ser- vices, warranty work, and servicing a motor vehicle under a manufacturer’s warranty, however written and stated since 1971.