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Manufacturers Response To Demand For Arbitration (Vermont) - Legal Forms
| Manufacturers Response To Demand For Arbitration (Vermont) Form. This is a Legal Forms form and can be used in Lemon Law Consumer . |
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Manufacturer's Response to Demand for Arbitration 9 V.S.A. §§4170-4181 DEPARTMENT OF MOTOR VEHICLES Motor Vehicle Arbitration Board Agency of Transportation 120 State Street Montpelier, Vermont 05603-0001 Phone: 802.828.2943 Fax: 802.828.2092 www.dmv.state.vt.us v. Consumer Manufacturer Please forward this response to the Board and Consumer for receipt within five days prior to the hearing. The Board should receive six copies of the response and six copies of any supporting documentation. I, representative of the manufacturer, acknowledge receipt of the consumer's Demand for Arbitration on: (date) . The manufacturer asserts no defense and offers to provide (circle one:) a refund or a replacement vehicle in accordance with the Law and Board Rules. A refund worksheet was completed, discussed with and provided to the consumer with a copy of this form. The manufacturer declines the opportunity to evaluate or repair the vehicle per the final repair provision prior to hearing. An attorney or other independent entity (circle one:) will / will not represent the manufacturer at the hearing. The following witness(es) is anticipated to appear at the hearing on behalf of the manufacturer: List applicable technical service bulletin(s) (TSB) with reference number and attach a copy to each response form. Evidence to support any assertion of ineligibility, as marked below, should be submitted to the Board and consumer at least three days prior to hearing. Rule 9 Discovery Defenses not set forth in a manufacturer's answer may be deemed waived and may not be considered by the Board. Rule 5 Manufacturer's Answer The consumer is not entitled to relief because: 1. 2. 3. 4. 5. He/she is not a "consumer" because: The vehicle is not a "motor vehicle" because: The vehicle is not a "new motor vehicle" because: The consumer is, or should be, satisfied with the repair after filing of the Demand. The manufacturer has not had a reasonable number of attempts to repair the vehicle, which has not been either: a. Subject to at least three repair attempts for the same defect with at least the first repair occurring within the express warranty; OR b. Out of service 30 cumulative days within the express warranty. The express warranty has not been breached or the condition is not covered by the warranty because: . . . 6. 7. The alleged defect(s) or condition(s) does not substantially impair the vehicle's use, market value or safety. Check all that apply. 8. 9. 10. The vehicle was repaired as of the date the consumer signed/filed the Demand for a three-times-out claim. The consumer refuses to make the vehicle available for a final repair attempt. (Contact the Board office for assistance as soon as possible if this occurs.) The vehicle has been abused, neglected, or had the following unauthorized modifications: 11. 12. The Demand for Arbitration was filed more than one year after the manufacturer's express warranty expired by time or miles. Other (specify): Completed by: Printed name & 3 party affiliation (if applicable) rd Signature Date Vermont Telecommunications Relay Service Dial 711 Rev. 06/08 American LegalNet, Inc. www.FormsWorkFlow.com
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