PENNSYLVANIA, January 9 - occur within a period of one year following the actual

delivery of the vehicle to the purchaser, within the first

12,000 miles of use or during the term of the warranty,

whichever may first occur.

* * *

Section 5. Manufacturer's duty for refund or replacement.

If the manufacturer fails to repair or correct a

nonconformity after a reasonable number of attempts, the

manufacturer shall, at the option of the purchaser, replace the

motor vehicle with a comparable motor vehicle of equal value or

accept return of the vehicle from the purchaser and refund to

the purchaser the full purchase price or lease price, including

all collateral charges, less a reasonable allowance for the

purchaser's use of the vehicle not exceeding 10¢ per mile driven

or 10% of the purchase price or lease price of the vehicle,

whichever is less. Refunds shall be made to the purchaser and

lienholder, if any, as their interests may appear. A reasonable

allowance for use shall be that amount directly attributable to

use by the purchaser prior to his first report of the

nonconformity to the manufacturer. In the event the consumer

elects a refund, payment shall be made within 30 days of such

election. A consumer shall not be entitled to a refund or

replacement if the nonconformity does not substantially impair

the use, value or safety of the vehicle or the nonconformity is

the result of abuse, neglect or modification or alteration of

the motor vehicle by the purchaser. For purposes of this

section, the phrase "modification or alteration" shall include,

in relation to a motorcycle, a modification or alteration made

after the date of actual delivery of the motorcycle to the

purchaser.

20230SB0155PN0023 - 3 -

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