Smart | 2011 pure and passion | Guide | Smart 2011 pure and passion Guide

Smart 2011 pure and passion Guide
>>smart USA | 2011
>Table of Contents
Steps to Customer Satisfaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Notice To Consumers In Arkansas, Connecticut, Florida, Georgia,
Hawaii, Maine, Massachusetts, New Hampshire, Vermont & Washington . . . . . . . . . . . . . . 3
Disclosure Notices
Colorado, Connecticut, Georgia, Maryland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Arkansas, Indiana, Missouri, Montana, New Mexico,
North Carolina, South Carolina, Virginia, West Virginia . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Arkansas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
California . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
District of Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Florida. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Hawaii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Idaho. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Illinois. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Iowa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Kentucky. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Maine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Massachusetts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
New Hampshire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
New York. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Ohio. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Pennsylvania. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Texas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Vermont. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Washington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Puerto Rico. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Special Adjustment Program Notices
Connecticut, Virginia, Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Notification To smart USA Customer Relations Card
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>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
>STEPS TO CUSTOMER SATISFACTION
>NOTICE TO CONSUMERS IN THE STATES OF ARKANSAS,
CONNECTICUT, FLORIDA, GEORGIA, HAWAII, MAINE,
MASSACHUSETTS, NEW HAMPSHIRE, VERMONT AND
WASHINGTON
We want you to be happy with your smart USA vehicle. Your satisfaction is the
all-important ingredient for success in our business, as it is in any other.
Normally, warranty issues can be resolved by your smart center’s sales or service
departments. That’s why you should always talk to your smart center’s Service Manager
or Sales Manager first. If you are not satisfied with the smart center’s response at this
level, smart USA recommends that you follow these steps, in order:
STEP 1: Discuss the problem with the General Manager or owner of the smart center.
STEP 2: If your smart center is unable to resolve the issue, contact smart USA
Customer Relations;
smart USA
Customer Relations
1765 Telegraph Road
Bloomfield Hills, MI 48302
Tel: 1-800-762-7887
Be prepared to provide the smart USA Customer Relations with
following information:
• Your name, address and daytime telephone number
• Vehicle Identification Number
• The name and city of the selling smart center and servicing smart center
• The current mileage
• Date of purchase
• Nature of problem
• Mileage at first service visit for this problem
• How many times the vehicle has been serviced for this problem
Once you have followed the two steps described, a smart USA representative will review
your situation. If it is something that smart USA can help you with, smart USA will provide
your smart center with all the information and assistance necessary to resolve the
problem. Even if smart USA cannot help you, smart USA will acknowledge your contact
and explain smart USA’s position.
All states have “lemon” laws allowing you to get a replacement vehicle or a refund of
the vehicle’s purchase price under certain circumstances. These laws vary from state
to state. If your state law allows, smart USA requires that you first notify us in writing
of any service difficulty that you may have experienced so that we can have a chance to
make any needed repairs before you are eligible for remedies provided by these laws.
In all other states, we ask that you give us written notice of any service difficulty unless
your state requires the use of a special form. Send your written notice to the smart USA
Customer Relations using the self-addressed, detachable card.
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Your state requires that a separate “Lemon Law Rights” booklet/statement, sticker or
form be provided to you at the time of delivery of your vehicle.
If you have not received this booklet/statement, sticker or form per your state, please
ask your smart center for one, or contact:
smart USA
Customer Relations
1765 Telegraph Road
Bloomfield Hills, MI 48302
and, or
Tel: 1-800-762-7887
>DISCLOSURE NOTICE FOR COLORADO, CONNECTICUT
GEORGIA, AND MARYLAND
Your state “Lemon Law” requires smart USA to inform you that if this vehicle does
not conform to its applicable warranties and smart USA or its smart centers have not
repaired the vehicle after a reasonable number of attempts or the vehicle has been out
of service for a specified number of days, you may be entitled under the provisions of
your state “Lemon Law” to a replacement or repurchase of the vehicle. In order to seek
remedies under your state “Lemon Law”, you must first:
Notify smart USA at the address below, BY CERTIFIED MAIL, of the problem with
your vehicle.
smart USA
Customer Relations
1765 Telegraph Road
Bloomfield Hills, MI 48302
and, or
Tel: 1-800-762-7887
Please use the self-addressed, detachable Notification to smart USA Customer Relations
form to assist you.
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>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
>DISCLOSURE NOTICE FOR ARKANSAS, INDIANA,
MISSOURI, MONTANA, NEW MEXICO, NORTH CAROLINA,
SOUTH CAROLINA, VIRGINIA, AND WEST VIRGINIA
The CAP reviews only vehicle disputes involving the smart USA Limited Warranty or a
smart USA Corporation vehicle. The CAP does not review disputes involving the sale of
a new or used vehicle, personal injury/property damage claims, disputes relating to
design of the vehicle or part, or disputes which are already the subject of litigation.
IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE
LAW TO A REPLACEMENT OR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO A
REPLACEMENT OR TO COMPENSATION, YOU MUST FIRST NOTIFY THE MANUFACTURER
OF THE PROBLEM IN WRITING AND PROVIDE THE MANUFACTURER AN OPPORTUNITY TO
REPAIR THE VEHICLE.
The CAP will need the following information from you:
Notify smart USA, BY CERTIFIED MAIL, of the problem with your vehicle.
4) The identity of your servicing/selling smart center,
Please use the self-addressed, detachable smart USA Customer Relations form to
assist you.
5) The date(s) of repair(s) and mileage at the time,
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1) Legible copies of all documents and repair orders relevant to your case,
2) Vehicle identification number of your vehicle,
3) A brief description of your unresolved concern,
6) Current mileage, and
7) A description of the action you expect to resolve your concern.
>DISCLOSURE NOTICE FOR ARKANSAS
Upon receipt of your request:
NOTICE TO ARKANSAS PURCHASERS
• The Better Business Bureau (BBB) will acknowledge receipt of your request, by
mail, within ten (10) days, and advise you whether or not your dispute is within the
jurisdiction of the Process.
Arkansas law allows you the right to orally present your case before either one or three
arbitrators in the smart USA Customer Arbitration Process. If you wish to do so, mark the
appropriate box on your arbitration application to indicate that you want a panel review
or a single decision maker and an oral hearing.
• When your request is within jurisdiction, the BBB will request smart USA and the smart
center to present their side of the dispute. You will receive copies of their responses.
You should note that oral presentations in the Customer Arbitration Process will be
limited to a reasonable period of time. This means that you will have a limited amount of
time to present your side of the dispute, and smart USA or the smart center may then
take the same amount of time to present their side of the dispute.
• While your dispute is pending the BBB or smart USA may contact you to see if your case
can be settled by agreement. If a settlement is offered to you, smart USA will ask you
to sign a form that contains that settlement. Your case will then be closed. There is no
requirement for you to participate in this settlement process.
Upon receipt of your request including a notice of oral hearing, the smart USA Customer
Arbitration Process will notify you of the time and place for your hearing.
• If you requested an oral hearing, a decision-maker will contact you to arrange a
convenient time and place for a hearing. Usually this will be at a smart center
near you.
You may obtain a brochure describing the smart USA Customer Arbitration Process,
including an application, by calling 1-800-762-7887. This service is strictly voluntary,
and you may submit your dispute directly to the Customer Arbitration Process (CAP) at
no cost. The CAP is administered by an independent dispute settlement organization and
may be contacted in writing at the following address:
Council of Better Business Bureaus
Auto Line Program
4200 Wilson Blvd., Suite 800
Arlington, VA 22203
Phone: 1-800-955-5100
Fax: 1-703-247-9700
www.bbb.org
• If you request a document-only review, a BBB panel will review and decide your case.
Neither you, the smart center, nor smart USA need be present.
• The BBB will send you a written Statement of Decision. This statement will include the
decision, any action to be taken by the smart center or smart USA and the time by
which the action must be taken.
The decision will be binding on the smart center and smart USA but not on you unless you
accept the decision.
• If any action is required on the part of the smart center or smart USA, you will be
contacted within 10 days after the date by which the smart center or smart USA must
act to determine whether performance has been rendered.
• The entire dispute settlement process will normally take no longer than 40 days.
• smart USA’s dispute settlement procedure does not take the place of any state or
Federal legal remedies available to you. Whether or not you decide to submit your
dispute to the Process, you are free to pursue other legal remedies.
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>>smart USA Consumer Information | 2011
>DISCLOSURE NOTICE FOR CALIFORNIA
the actual price of the new motor vehicle paid or payable by the buyer, including any
charges for transportation and manufacturer-installed options, by a fraction having
as its denominator 120,000 and having as its numerator the number of miles traveled
by the new motor vehicle prior to the time the buyer first delivered the vehicle to the
manufacturer or distributor, or its authorized service and repair facility for correction
of the problem that gave rise to the nonconformity. Nothing in this paragraph shall in any
way limit the rights or remedies available to the buyer under any other law.
SECTIONS 1793.2(d) AND 1793.22 OF THE CALIFORNIA CIVIL CODE
Section 1793.2(d)(1) Except as provided in paragraph (2), if the manufacturer or its
representative in this state does not service or repair the goods to conform to the
applicable express warranties after a reasonable number of attempts, the manufacturer
shall either replace the goods or reimburse the buyer in an amount equal to the
purchase price paid by the buyer, less that amount directly attributable to use by the
buyer prior to the discovery of the nonconformity.
(d)(2) If the manufacturer or its representative in this state is unable to service or
repair a new motor vehicle, as that term is defined in subparagraph (2) of subsection (e)
of Section 1793.22, to conform to the applicable express warranties after a reasonable
number of attempts, the manufacturer shall either promptly replace the new motor
vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in
accordance with subparagraph (B). However, the buyer shall be free to elect restitution
in lieu of replacement, and in no event shall the buyer be required by the manufacturer
to accept a replacement vehicle.
(d)(2)(A) In the case of replacement, the manufacturer shall replace the buyer’s vehicle
with a new motor vehicle substantially identical to the vehicle replaced. The replacement
vehicle shall be accompanied by all express and implied warranties that normally
accompany new motor vehicles of that specific kind. The manufacturer also shall pay
for, or to, the buyer the amount of any sales or use tax, license fees, registration
fees, and other official fees which the buyer is obligated to pay in connection with the
replacement, plus any incidental damages to which the buyer is entitled under Section
1794, including, but not limited to, reasonable repair, towing, and rental car costs
actually incurred by the buyer.
(d)(2)(B) In the case of restitution, the manufacturer shall make restitution in an amount
equal to the actual price paid or payable by the buyer, including any charges for
transportation and manufacturer-installed options, but excluding non-manufacturer
items installed by a smart center or the buyer, and including any collateral charges such
as sales tax, license fees, registration fees, and other official fees, plus any incidental
damages to which the buyer is entitled under Section 1794, including, but not limited to,
reasonable repair, towing, and rental car costs actually incurred by the buyer.
(d)(2)(C) When the manufacturer replaces the new motor vehicle pursuant to
subparagraph (A), the buyer shall only be liable to pay the manufacturer an amount
directly attributable to use by the buyer of the replaced vehicle prior to the time
the buyer first delivered the vehicle to the manufacturer or distributor, or its
authorized service and repair facility for correction of the problem that gave rise to
the nonconformity. When restitution is made pursuant to subparagraph (B), the amount
to be paid by the manufacturer to the buyer may be reduced by the manufacturer by
that amount directly attributable to use by the buyer prior to the time the buyer first
delivered the vehicle to the manufacturer or distributor, or its authorized service and
repair facility for correction of the problem that gave rise to the nonconformity. The
amount directly attributable to use by the buyer shall be determined by multiplying
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1793.22(b) It shall be presumed that a reasonable number of attempts have been made
to conform a new motor vehicle to the applicable express warranties if, within 18 months
from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever
occurs first, one or more of the following occurs: (1) the same nonconformity results in a
condition that is likely to cause death or serious bodily injury if the vehicle is driven and
the nonconformity has been subject to repair two or more times by the manufacturer or
its agents, and the buyer or lessee has at least once directly notified the manufacturer
of the need for the repair of the nonconformity, (2) the same nonconformity has been
subject to repair four or more times by the manufacturer or its agents and the buyer
has at least once directly notified the manufacturer of the need for the repair of the
nonconformity, or (3) the vehicle is out of service by reason of repair of nonconformities
by the manufacturer or its agents for a cumulative total of more than 30 calendar days
since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if
repairs cannot be performed due to conditions beyond the control of the manufacturer
or its agents. The buyer shall be required to directly notify the manufacturer pursuant
to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously
disclosed to the buyer, with the warranty or the owner’s manual, the provisions of this
section and that of subdivision (d) of Section 1793.2, including the requirement that
the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2).
The notification, if required, shall be sent to the address, if any, specified clearly and
conspicuously by the manufacturer in the warranty or owner’s manual. This presumption
shall be a rebuttable presumption affecting the burden of proof, and it may be asserted
by the buyer in any civil action, including an action in small claims court, or other formal
or informal proceeding.
(c) If a qualified third-party dispute resolution process exists, and the buyer receives
timely notification in writing of the availability of that qualified third-party dispute
resolution process with a description of its operation and effect, the presumption in
subdivision (b) may not be asserted by the buyer until after the buyer has initially
resorted to the qualified third-party dispute resolution process as required in
subdivision (d). Notification of the availability of the qualified third-party dispute
resolution process is not timely if the buyer suffers any prejudice resulting from any
delay in giving the notification. If a qualified third-party dispute resolution process
does not exist, or if the buyer is dissatisfied with that third-party decision, or if the
manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party
dispute resolution process decision after the decision is accepted by the buyer, the
buyer may assert the presumption provided in subdivision (b) in an action to enforce
the buyer’s rights under subdivision (d) of Section 1793.2. The findings and decision
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>>smart USA Consumer Information | 2011
of a qualified third-party dispute resolution process shall be admissible in evidence
in the action without further foundation. Any period of limitation of actions under any
federal or California laws with respect to any person shall be extended for a period
equal to the number of days between the date a complaint is filed with a third-party
dispute resolution process and the date of its decision or the date before which the
manufacturer or its agents is required by the decision to fulfill its terms if the decision
is accepted by the buyer, whichever occurs later.
(d) A
qualified third-party dispute resolution process shall be one that does all of
the following:
(1) C
omplies with the minimum requirements of the Federal Trade Commission for
informal dispute settlement procedures as set forth in Part 703 of Title 16 of the
Code of Federal Regulations, as those regulations read on January 1, 1987.
(2) Renders decisions which are binding on the manufacturer if the buyer elects to
accept the decision.
(3) P
rescribes a reasonable time, not to exceed 30 days after the decision is
accepted by the buyer, within which the manufacturer or its agent must fulfill the
terms of its decisions.
(4) P
rovides arbitrators who are assigned to decide disputes with copies of, and
instruction in, the provisions of the Federal Trade Commission’s regulations in
Part 703 of Title 16 of the Code of Federal Regulations as those regulations read
on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial
Code, and this chapter.
(5) Requires the manufacturer, when the process orders, under the terms of this
chapter, either that the nonconforming motor vehicle be replaced if the buyer
consents to this remedy or that restitution be made to the buyer, to replace
the motor vehicle or make restitution in accordance with paragraph (2) of
subdivision (d) of Section 1793.2.
(6) P
rovides, at the request of the arbitrator or a majority of the arbitration panel,
for an inspection and written report on the condition of a nonconforming motor
vehicle, at no cost to the buyer, by an automobile expert who is independent of
the manufacturer.
(7) Takes into account, in rendering decisions, all legal and equitable factors,
including, but not limited to, the written warranty, the rights and remedies
conferred in regulations of the Federal Trade Commission contained in Part
703 of Title 16 of the Code of Federal Regulations as those regulations read on
January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial
Code, this chapter, and any other equitable considerations appropriate in
the circumstances. Nothing in this chapter requires that, to be certified as
a qualified third-party dispute resolution process pursuant to this section,
decisions of the process must consider or provide remedies in the form of
awards of punitive damages or multiple damages, under subdivision (c) of
Section 1794, or of attorney’s fees under subdivision (d) of Section 1794, or
of consequential damages other than as provided in subdivisions (a) and (b) of
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Section 1794, including, but not limited to, reasonable repair, towing, and rental
car costs actually incurred by the buyer.
(8) R
equires that no arbitrator deciding a dispute may be a party to the dispute
and that no other person, including an employee, agent, or smart center for
the manufacturer, may be allowed to participate substantively in the merits of
any dispute with the arbitrator unless the buyer is allowed to participate also.
Nothing in this subdivision prohibits any member of an arbitration board from
deciding a dispute.
(9) O
btains and maintains certification by the Department of Consumer Affairs
pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the
Business and Professions Code.
(e) F or the purpose of subdivision (d) of Section 1793.2 and this section, the following
terms have the following meanings:
(1) “ Nonconformity” means a nonconformity which substantially impairs the use,
value, or safety of the new motor vehicle to the buyer or lessee.
(2) “ New motor vehicle” means a new motor vehicle that is bought or used primarily
for personal, family, or household purposes. “New motor vehicle” also means
a new motor vehicle with a gross vehicle weight under 10,000 pounds that
is bought or used primarily for business purposes by a person, including a
partnership, limited liability company, corporation, association, or any other
legal entity, to which not more than five motor vehicles are registered in
this state. “New motor vehicle” includes the chassis, chassis cab, and that
portion of a motor home devoted to its propulsion, but does not include any
portion designed, used, or maintained primarily for human habitation, a smart
center-owned vehicle and a “demonstrator” or other motor vehicle sold with
a manufacturer’s new car warranty but does not include a motor cycle or a
motor vehicle which is not registered under the Vehicle Code because it is to
be operated or used exclusively off the highways. A “demonstrator” is a vehicle
assigned by a smart center for the purpose of demonstrating qualities and
characteristics common to vehicles of the same or similar model and type.
(3) “ Motorhome” means a vehicular unit built on, or permanently attached to, a
self-propelled motor vehicle chassis, chassis cab, or van, which becomes an
integral part of the completed vehicle, designed for human habitation for
recreational or emergency occupancy.
(f)(1) E
xcept as provided in paragraph (2), no persons shall sell either at wholesale
or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to
a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2
or a similar statute of any other state, unless the nature of the nonconformity
experienced by the original buyer or lessee is clearly and conspicuously
disclosed, to the prospective buyer, lessee, or transferee, the nonconformity
is corrected, and the manufacturer warrants to the new buyer, lessee, or
transferee in writing for a period of one year that the motor vehicle is free
of that nonconformity.
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>>smart USA Consumer Information | 2011
(2) E
xcept for the requirement that the nature of the nonconformity be disclosed to
the transferee, paragraph (1) does not apply to the transfer of a motor vehicle
to an educational institution if the purpose of the transfer is to make the motor
vehicle available for use in automotive repair courses.
>DISCLOSURE OF BUYER’S RIGHTS
TO WARRANTY REPAIR
(Applies Only to Vehicles Sold in the State of California)
Sections 1793.2 and 1793.22 of the California Civil Code provide buyers of new motor
vehicles with certain rights in the event the manufacturer is unable to repair or service
the vehicle to conform to the provisions of the vehicle’s warranty. The material below
is a summary description of those rights. Above, the full text of Sections 1793.2(d) and
1793.22 (b), (c), (d), (e) and (f) of the California Civil Code may be read in its entirety.
I.Under California law, should smart USA or its authorized smart centers be
unable to service or repair the vehicle to conform to its Limited Warranty after
a reasonable number of attempts, smart USA is required to either replace the
vehicle or reimburse the buyer in an amount equal to the purchase price paid by
the buyer, less that amount directly attributable to use by the buyer prior to the
discovery of the nonconformity.
II.It shall be presumed that a reasonable number of attempts have been made to
conform the vehicle to the warranty if, within 18 months from delivery to the
buyer or 18,000 miles, whichever comes first, one or more of the following
occurs: (A) the same nonconformity results in a condition that is likely to cause
death or serious bodily injury if the vehicle is driven and the nonconformity has
been subject to repair two or more times by the manufacturer or its agents, and
the buyer or lessee has at least once directly notified the manufacturer of the
need for the repair of the nonconformity, (B) the same nonconformity has been
subject to repair four or more times by smart USA or its authorized smart center
and the buyer has at least once directly notified smart USA of the need for the
repair of the nonconformity, or (C) the vehicle is out of service by reason of
repair of the nonconformities by smart USA or its authorized smart centers for a
cumulative total of more than 30 days since delivery of the vehicle to the buyer.
The 30-day limit shall be extended only if repairs cannot be performed due to
conditions beyond the control of smart USA or the authorized smart centers.
III.However, the presumption discussed above in Paragraph II may not be asserted
by the buyer, until after the buyer has initially resorted to a qualified third-party
dispute resolution process, if one exists.
>>smart USA Consumer Information | 2011
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>DISCLOSURE NOTICE FOR
DISTRICT OF COLUMBIA
NOTICE TO PURCHASER:
IF AFTER A REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER, ITS AGENT, OR
AUTHORIZED smart center IS UNABLE TO REPAIR OR CORRECT ANY NON-CONFORMITY,
DEFECT, OR CONDITION WHICH RESULTS IN SIGNIFICANT IMPAIRMENT OF THE MOTOR
VEHICLE, THE MANUFACTURER, AT THE OPTION OF THE CONSUMER, SHALL REPLACE
THE MOTOR VEHICLE WITH A COMPARABLE MOTOR VEHICLE, OR ACCEPT RETURN OF
THE MOTOR VEHICLE FROM THE CONSUMER AND REFUND TO THE CONSUMER THE FULL
PURCHASE PRICE, INCLUDING ALL SALES TAX, LICENSE FEES, REGISTRATION FEES, AND
ANY SIMILAR GOVERNMENT CHARGES. IF YOU HAVE ANY QUESTIONS CONCERNING YOUR
RIGHT, YOU MAY CONTACT THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS.
>DISCLOSURE NOTICE FOR FLORIDA
Florida’s Lemon Law applies to new or demonstrator vehicles sold or long-term leased
in the state of Florida. When consumers buy or lease a new or demonstrator motor
vehicle, they must receive from the selling dealer or lessor the “Consumer Guide to the
Florida Lemon Law” DLA/LL-011 (rev. 2/06), effective 22-1-06. This publication explains
consumers rights, gives steps to follow to resolve problems, contains a toll-free number
for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of
chronic defects and time out of service for repair.
To obtain a “Consumer Guide to the Florida Lemon Law,” or speak with someone about the
Lemon Law, consumers in Florida may call the Lemon Law Hotline at 1-800-321-5366, or
1-850-488-2221 for consumers outside of Florida. This phone line should be answered
between the hours of 8:30 a.m. to 4:30 p.m., Eastern time.
>DISCLOSURE NOTICE FOR STATE OF HAWAII
Please use the Motor Vehicle Defect form found in Florida’s Lemon Law Rights booklet.
Do not use the form in this booklet for notification.
YOUR RIGHTS UNDER HAWAII’S “LEMON LAW”
If you have serious and/or continuing warranty repair problems with your new
motor vehicle...
A vehicle may qualify as a “lemon” when one or more substantial (serious safety or
nonconforming) defects have been examined or repaired at least once or the motor
vehicle has been out-of-service at least thirty cumulative days for repair during
the Lemon Law rights period (i.e., whichever comes first—the expiration of the
manufacturer’s express warranty period, two years or 24,000 miles after the
original delivery of the motor vehicle.)
In addition, at least one of the following must apply:
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>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
• The “nonconforming defect” has been examined or repaired three or more times and
the defect continues to exist: or
This service is strictly voluntary, and you may submit your dispute directly to the
Customer Arbitration Process (CAP) at no cost. The CAP is administered by an
independent dispute settlement organization and may be contacted in writing at
the following address:
• A “life-threatening safety defect” has been examined or repaired at least once and the
defect continues to exist: or
• The vehicle has been out-of-service because of repair of one or more defects for 30
or more cumulative business days
AND
You must give the manufacturer written notice of the defect and an opportunity to
repair. The manufacturer’s address is as follows:
smart USA
Customer Relations
1765 Telegraph Road
Bloomfield Hills, MI 48302
Tel: 1-800-762-7887
If your vehicle qualifies as a “Lemon,” the manufacturer may be required to repurchase
or replace it.
If you believe you own a “Lemon,” you may participate in the State Certified Arbitration
Program (SCAP). For information and/or to initiate this proceeding, please contact:
Regulated Industries Complaints Office
235 S. Beretania Street, Ninth Floor
Honolulu, Hawaii 96813
(808) 587-3222
If you decide to arbitrate through the SCAP, the arbitration must be initiated within
one year after the expiration of the Lemon Law rights period. There is a $50.00 filing
fee to process your case, which will be returned to you if you win your arbitration. The
arbitration decision will be issued within 45 days after you initiate your complaint.
12
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Council of Better Business Bureau
Auto Line Program
4200 Wilson Blvd., Suite 800
Arlington, VA 22203
Phone: 1-800-955-5100
Fax: 1-703-247-9700
www.bbb.org
The CAP reviews only vehicle disputes involving the smart USA Limited Warranty on a
smart USA vehicle. The CAP does not review disputes involving the sale of a new or used
vehicle, personal injury/property damage claims, disputes relating to design of the
vehicle or part, or disputes which are already the subject of litigation.
The CAP will need the following information from you: 1) Legible copies of all documents
and repair orders relevant to your case, 2) Vehicle identification number of your vehicle,
3) A brief description of your unresolved concern, 4) The identity of your servicing/
selling smart center, 5) The date(s) of repair(s) and mileage at the time, 6) Current
mileage, and 7) A description of the action you expect to resolve your concern.
Upon receipt of your request:
• The Better Business Bureau (BBB) will acknowledge receipt of your request, by mail,
within 10 days, and advise you whether or not your dispute is within the jurisdiction of
the Process.
• When your request is within jurisdiction, the BBB will request smart USA and the smart
center to present their side of the dispute. You will receive copies of their responses.
• Whenever a vehicle is returned from diagnosis or repair under the manufacturer’s
warranty, the smart center must provide a legible itemized repair order. It is very
important to keep copies of all repair orders.
• While your dispute is pending the BBB or smart USA may contact you to see if your case
can be settled by agreement. If a settlement is offered to you, smart USA will ask you
to sign a form that contains that settlement. Your case will then be closed. There is no
requirement for you to participate in this settlement process.
>DISCLOSURE NOTICE FOR STATE OF IDAHO
• If you requested an oral hearing, a decision-maker will contact you to arrange
a convenient time and place for a hearing. Usually, this will be at a smart center
near you.
“IMPORTANT IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER THE STATE’S
LEMON LAW TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE OR YOUR
LEASE PAYMENTS. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST
FIRST NOTIFY THE MANUFACTURER, ITS AGENT, OR ITS AUTHORIZED smart center OF THE
PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITY TO REPAIR THE VEHICLE. YOU
ALSO HAVE A RIGHT TO SUBMIT YOUR CASE TO THE CONSUMER ARBITRATION PROGRAM
WHICH THE MANUFACTURER MUST OFFER IN THIS STATE.”
You may obtain a brochure describing smart USA’s Customer Arbitration Process,
including an application, by calling 1-800-992-1997.
262672_10b_ Smart_CIG_guts_092910.indd 12-13
• If you request a document-only review, a BBB panel will review and decide your case.
Neither you, the smart center, nor smart USA need be present.
• The BBB will send you a written Statement of Decision. This statement will include the
decision, any action to be taken by the smart center or smart USA and the time by
which the action must be taken.
The decision will be binding on the smart center and smart USA but not on you
unless you accept the decision.
9/29/10 11:07 AM
>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
• If any action is required on the part of the smart center or smart USA you will be
contacted within 10 days after the date by which the smart center or smart USA must
act to determine whether performance has been rendered.
Please use the self-addressed, detachable Notice to smart USA Customer Relations form
to assist you.
• The entire dispute settlement process will normally take no longer than 40 days.
>DISCLOSURE NOTICE FOR IOWA
• smart USA’s dispute settlement procedure does not take the place of any state or
federal legal remedies available to you. Whether or not you decide to submit your
dispute to the Process, you are free to pursue other legal remedies.
>DISCLOSURE NOTICE FOR STATE OF ILLINOIS
NOTICE TO CONSUMERS
Consumer Rights: If after a reasonable number of attempts the seller is unable to
conform the new vehicle to any of its applicable express warranties, the manufacturer
shall either provide the consumer with a new vehicle of like model line, if available, or
otherwise a comparable motor vehicle as a replacement, or accept the return of the
vehicle from the consumer and refund to the consumer the full purchase price or lease
cost of the new vehicle, including all collateral charges, less a reasonable allowance for
consumer use of the vehicle. For purposes of this Section, “collateral charges” does
not include taxes paid by the purchaser on the initial purchase of the new vehicle. The
retailer who initially sold the vehicle may file a claim for credit for taxes paid pursuant
to the terms of Sections 6, 6a, 6b and 6c of the Retailers’ Occupation Tax Act [35 ILCS
120/6, 35 ILCS 120/6a, 35 ILCS 120/6b and 35 ILCS 120/6c]. Should the vehicle be
converted, modified or altered in a way other than the manufacture’s original design,
the party which performed the conversion or modification shall be liable under the
provisions of this Act, provided the part or parts causing the vehicle not to perform
according to its warranty were altered or modified.
Presumption: A presumption that a reasonable number of attempts have been undertaken
to conform a new vehicle to its express warranties shall arise where, within the statutory
warranty period, (1) the same nonconformity has been subject to repair by the seller,
its agents or authorized dealers during the statutory warranty period, 4 or more times,
and such nonconformity continues to exist; or (2) the vehicle has been out of service by
reason of repair of nonconformities for a total of 30 or more business days during the
statutory warranty period.
In order to exercise these legal rights, you must first:
1. Notify smart USA at the address below, BY CERTIFIED MAIL, of the problem with your
vehicle, and
2. Provide smart USA with an opportunity to repair it.
smart USA
Customer Relations
1765 Telegraph Road
Bloomfield Hills, MI 48302
Tel: 1-800-762-7887
262672_10b_ Smart_CIG_guts_092910.indd 14-15
14
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“THE PURCHASER OR LESSEE OF THIS VEHICLE IS PROTECTED UNDER THE WARRANTY
PROVISIONS OF IOWA CODE CHAPTER 322G, COMMONLY REFERRED TO AS THE “LEMON
LAW.” IF THIS VEHICLE FAILS TO CONFORM TO THE MANUFACTURER’S EXPRESS
WARRANTY DURING THE TERM OF THE WARRANTY, THE FIRST TWO YEARS OF OWNERSHIP,
OR THE FIRST 24,000 MILES, WHICHEVER EXPIRES FIRST, AND THE NONCONFORMITY
SUBSTANTIALLY IMPAIRS THE VEHICLE, YOU MAY QUALIFY FOR A REFUND OR
REPLACEMENT OF THIS VEHICLE. CONTACT THE MANUFACTURER OF THE VEHICLE IF
YOU BELIEVE THE VEHICLE FAILS TO CONFORM TO THE MANUFACTURER’S EXPRESS
WARRANTY. FOR FURTHER INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS,
UNDER CHAPTER 322G, CONTACT THE CONSUMER PROTECTION DIVISION OF THE IOWA
ATTORNEY GENERAL’S OFFICE AT: CONSUMER PROTECTION DIVISION, HOOVER STATE
OFFICE BUILDING, DES MOINES, IOWA 50319 OR CALL (515) 281-5926.
smart USA
Customer Relations
1765 Telegraph Road
Bloomfield Hills, MI 48302
Tel: 1-800-762-7887
Please use the detachable form at the front of this booklet to assist you.
>DISCLOSURE NOTICE FOR KENTUCKY
NOTICE TO KENTUCKY PURCHASERS
Kentucky law allows you the right to orally present your case within the smart USA
Customer Arbitration Process. If you wish to do so, mark the box that requests “a single
decision maker and an oral hearing” on your arbitration application form.
You should note that oral presentations in the Customer Arbitration Process will be
limited to a reasonable period of time. This means that you will have a limited amount of
time to present your side of the dispute, and smart USA or the smart center may then
take the same amount of time to present their side of the dispute.
Upon receipt of your request including a notice of oral hearing, the smart USA Customer
Arbitration Process will notify you of the time and place for your hearing.
You may obtain a brochure describing smart USA’s Customer Arbitration Process,
including an application, by calling 1-800-762-7887.
This service is strictly voluntary, and you may submit your dispute directly to the
Customer Arbitration Process (CAP) at no cost. The CAP is administered by an
independent dispute settlement organization and may be contacted in writing at the
following address:
9/29/10 11:07 AM
>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
Council of Better Business Bureau
Auto Line Program
4200 Wilson Blvd., Suite 800
Arlington, VA 22203
Phone: 1-800-955-5100
Fax: 1-703-247-9700
www.bbb.org
• The entire dispute settlement process will normally take no longer than 40 days.
The CAP reviews only vehicle disputes involving smart USA Limited Warranty on a
smart USA vehicle. The CAP does not review disputes involving the sale of a new or
used vehicle, personal injury/property damage claims, disputes relating to design
of the vehicle or part, or disputes which are already the subject of litigation.
MAINE LEMON LAW ARBITRATION IF YOU HAVE SERIOUS PROBLEMS WITH THIS VEHICLE
The CAP will need the following information from you:
1) Legible copies of all documents and repair orders relevant to your case, 2) Vehicle
identification number of your vehicle, 3) A brief description of your unresolved concern,
4) The identity of your servicing/selling smart center, 5) The date(s) of repair(s) and
mileage at the time, 6) Current mileage, and 7) A description of the action you expect to
resolve your concern.
Upon receipt of your request:
• The Better Business Bureau (BBB) will acknowledge receipt of your request, by mail,
within 10 days, and advise you whether or not your dispute is within the jurisdiction of
the Process.
• When your request is within jurisdiction, the BBB will request smart USA and the smart
center to present their side of the dispute. You will receive copies of their responses.
• While your dispute is pending the BBB or smart USA may contact you to see if your case
can be settled by agreement. If a settlement is offered to you, smart USA will ask you
to sign a form that contains that settlement. Your case will then be closed. There is no
requirement for you to participate in this settlement process.
• If you requested an oral hearing, a decision-maker will contact you to arrange a
convenient time and place for a hearing. Usually, this will be at a smart center
near you.
• If you request a document-only review, a BBB panel will review and decide your case.
Neither you, the smart center, nor smart USA need be present.
• The BBB will send you a written Statement of Decision. This statement will include the
decision, any action to be taken by the smart center or smart USA and the time by
which the action must be taken.
he decision will be binding on the smart center and smart USA but not on you unless you
T
accept the decision.
• If any action is required on the part of the smart center or smart USA you will be
contacted within 10 days after the date by which the smart center or smart USA must
act to determine whether performance has been rendered.
262672_10b_ Smart_CIG_guts_092910.indd 16-17
16
17
• smart USA’s dispute settlement procedure does not take the place of any state or
Federal legal remedies available to you. Whether or not you decide to submit your
dispute to the Process, you are free to pursue other legal remedies.
>DISCLOSURE NOTICE FOR MAINE
The Maine Lemon Law (10 M.R.S.A. §§ 1161-1169) provides free Attorney General
arbitration for consumer buyers or lessees whose vehicle (including motorcycles and
motorized RVs) is seriously defective. Under the Maine Lemon Law, you may have a right
to a refund or replacement of the vehicle if the following applies:
1. There is an unrepaired defect or combination of defects which substantially impairs
the use, safety, or value of your vehicle; and
2. This unrepaired defect was reported to the smart center or manufacturer:
• During the manufacturer’s express warranty; and
• Within the three year period following the delivery date of the vehicle to the
original purchaser or lessee; and
• During the first 18,000 miles of operation; and
3. The defect still exists or has recurred after:
• Three or more repair attempts for the same defect; or
• One or more repair attempts for the serious failure of either the braking or
steering systems; or
• Being out of service for repairs for a cumulative total of 15 or more business
days (for one or more defects); and
• The manufacturer had been given in writing a seven-day Final Opportunity
to Repair.
For this vehicle you should notify the Manufacturer or its authorized smart center of
the defects and the right to make a final repair. Mail to:
smart USA
Customer Relations
1765 Telegraph Road
Bloomfield Hills, MI 48302
Tel: 1-800-762-7887
The Attorney General’s state-run arbitration is different from any manufacturer
sponsored program to which you may also be entitled. Under the state Lemon Law
program, you will receive a free hearing before a neutral state Arbitrator and a
decision within 45 days of the acceptance of your Lemon Law application. If your
vehicle is declared a Lemon, the manufacturer must refund your purchase price or
replace the vehicle.
9/29/10 11:07 AM
>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
You must apply for state-run arbitration within three years after delivery to
the original consumer and within the term of the manufacturer’s warranty.
To request arbitration, or to get further information, contact:
THIS SHEET PROVIDES ONLY A SUMMARY OF THE MAINE LEMON LAW.
To request arbitration, or to get further information, contact:
The Attorney General’s
Lemon Law Arbitration Program
Consumer Protection Division
6 State House Station
Augusta, ME 04333
Telephone: (207) 626-8848 or
(800) 436-2131 (option 3)
e-mail: lemon.law@maine.gov
http://www.maine.gov/ag
>DISCLOSURE NOTICE FOR MASSACHUSETTS
“LEMON LAW” INFORMATION: IF YOU HAVE SERIOUS PROBLEMS WITH THIS VEHICLE
The Massachusetts “Lemon Law,” General Laws Chapter 90, Section 7N 1/2 provides
protection for consumers who have serious problems with their new vehicle.
UNDER THE LEMON LAW, YOU HAVE A RIGHT TO A REFUND OR REPLACEMENT OF THE
VEHICLE IF:
(a) there is a defect(s) which substantially impairs the use, safety or market value of the
vehicle, AND
(b) The defect(s) still exists or has recurred after either:
1. three or more repair attempts for the same defect, or
2. being out of service by reason of repair for any combination of defects for a
cumulative total of 15 or more business days, within one year or 15,000 miles
(whichever comes first) after original delivery, AND
(c) the manufacturer has been notified of the defect(s) and given one final repair
attempt of no more than seven business days.
IF THE MANUFACTURER DOES NOT REFUND OR REPLACE THE VEHICLE AFTER THESE
STANDARDS HAVE BEEN MET, YOU HAVE A RIGHT TO HAVE YOUR CASE ARBITRATED BY
THE STATE.
This state-run arbitration is different from any manufacturer-sponsored program to
which you may also be entitled. Under the state program, you will be sent a decision
within 45 days of when your request for arbitration is accepted.
Under the law, you must request state-run arbitration within 18 months of original
delivery of the vehicle.
THIS SHEET PROVIDES ONLY A SUMMARY OF YOUR RIGHTS.
262672_10b_ Smart_CIG_guts_092910.indd 18-19
18
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Lemon Law Arbitration Program
Executive Office of Consumer Affairs
and Business Regulation
One Ashburton Place
Boston, Massachusetts 02108
Lemon Law information: (617) 727-7780
Arbitration questions: (617) 727-4061
>DISCLOSURE NOTICE FOR MINNESOTA
MINNESOTA DISCLOSURE INFORMATION
IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER THE STATE’S
LEMON LAW TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE OR YOUR
LEASE PAYMENTS. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST
FIRST NOTIFY THE MANUFACTURER, ITS AGENT, OR ITS AUTHORIZED smart center OF THE
PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITY TO REPAIR THE VEHICLE. YOU
ALSO HAVE A RIGHT TO SUBMIT YOUR CASE TO THE CONSUMER ARBITRATION PROGRAM
WHICH THE MANUFACTURER MUST OFFER IN MINNESOTA.
You may obtain a brochure describing smart USA’s Customer Arbitration Process,
including an application, by calling 1-800-762-7887.
This service is strictly voluntary, and you may submit your dispute directly to the
Customer Arbitration Process (CAP) at no cost. The CAP is administered by an
independent dispute settlement organization and may be contacted in writing at the
following address:
Council of Better Business Bureau
Auto Line Program
4200 Wilson Blvd., Suite 800
Arlington, VA 22203
Phone: 1-800-955-5100
Fax: 1-703-247-9700
www.bbb.org
The CAP reviews only vehicle disputes involving smart USA Limited Warranty on a smart
USA vehicle. The CAP does not review disputes involving the sale of a new or used
vehicle, personal injury/property damage claims, disputes relating to design of the
vehicle or part, or disputes which are already the subject of litigation.
The CAP will need the following information from you:
1) Legible copies of all documents and repair orders relevant to your case,
2) Vehicle identification number of your vehicle,
3) A brief description of your unresolved concern,
9/29/10 11:07 AM
>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
4) The identity of your servicing/selling smart center,
>DISCLOSURE NOTICE FOR NEW HAMPSHIRE
5) The date(s) of repair(s) and mileage at the time,
6) Current mileage, and
MANUFACTURERS ARE REQUIRED TO SUPPLY THIS NOTICE WITH DELIVERY OF A NEW
MOTOR VEHICLE SOLD WITHIN THE STATE OF NEW HAMPSHIRE - RSA 357D
7) A description of the action you expect to resolve your concern.
NOTICE TO CONSUMER STATE OF NEW HAMPSHIRE MOTOR VEHICLE ARBITRATION BOARD
Upon receipt of your request:
The New Hampshire New Motor Vehicle Arbitration Law, RSA 357-D, applies to new motor
vehicles sold or leased (for two or more years) and/or registered in the State of New
Hampshire. A new motor vehicle is defined as a passenger vehicle, motorcycle or truck
with a gross vehicle weight not exceeding 9,000 pounds.
• The Better Business Bureau (BBB) will acknowledge receipt of your request, by mail,
within 10 days, and advise you whether or not your dispute is within the jurisdiction of
the Process.
20
21
• While your dispute is pending, the BBB or smart USA may contact you to see if your
case can be settled by agreement. If a settlement is offered to you, smart USA will ask
you to sign a form that contains that settlement. Your case will then be closed. There is
no requirement for you to participate in this settlement process.
If, during the express warranty period, you discover a defect which substantially impairs
the use, market value or safety of this vehicle, and it has not been successfully repaired
after three repair attempts by the manufacturer, its agent or an authorized smart
center, or it has been out of service by reason of repair of one or more nonconformities,
defects or conditions for a cumulative total of 30 business days, you may be entitled to
apply for a comparable replacement or refund of purchase price plus incidental damages
less a reasonable allowance for use.
• If you requested an oral hearing, a decision-maker will contact you to arrange a
convenient time and place for a hearing. Usually, this will be at a smart center
near you.
In order for a repair attempt to qualify, you must obtain a written repair order. Neither
the manufacturer or any agent of the manufacturer (including the smart center service)
may refuse to provide you with a written repair order at your request.
• If you request a document-only review, a BBB panel will review and decide your case.
Neither you, the smart center, nor smart USA need be present.
The vehicle is deemed to be out of service if it is in for repair for a majority of the day.
• When your request is within jurisdiction, the BBB will request smart USA and the smart
center to present their side of the dispute. You will receive copies of their responses.
• The BBB will send you a written Statement of Decision. This statement will include the
decision, any action to be taken by the smart center or smart USA and the time by
which the action must be taken.
The decision will be binding on the smart center and smart USA but not on you unless you
accept the decision.
• If any action is required on the part of the smart center or smart USA you will be
contacted within 10 days after the date by which the smart center or smart USA must
act to determine whether performance has been rendered.
• The entire dispute settlement process will normally take no longer than 40 days.
• smart USA’s dispute settlement procedure does not take the place of any state or
federal legal remedies available to you. Whether or not you decide to submit your
dispute to the Process, you are free to pursue other legal remedies.
262672_10b_ Smart_CIG_guts_092910.indd 20-21
You cannot use the New Motor Vehicle Arbitration Law if you elect to use the
manufacturer’s dispute settlement mechanism.
You may not use the New Motor Vehicle Arbitration Law if you have stopped making
payments on any financing agreement because of the vehicle’s condition.
The New Hampshire Motor Vehicle Arbitration Program includes other eligibility
requirements which you must meet to qualify.
Forms for electing to proceed before the New Hampshire Motor Vehicle Arbitration
Board should be included with your new vehicle on delivery.
For information as to your rights under the New Motor Vehicle Arbitration Law or for
additional forms, contact the New Hampshire Motor Vehicle Arbitration Board, 10 Hazen
Drive, Concord, New Hampshire 03305, telephone (603) 271-6383, or your smart center.
9/29/10 11:07 AM
>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
>DISCLOSURE NOTICE FOR NEW JERSEY
>DISCLOSURE NOTICE FOR NEW YORK
IMPORTANT: If this vehicle is defective, you may be entitled under New
Jersey law to a refund of the purchase price or your lease payments.
For complete information regarding your rights and remedies under
the relevant law, contact the New Jersey Department of Law and
Public Safety, Division of Consumer Affairs.
NEW CAR LEMON LAW BILL OF RIGHTS
22
23
(1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR NEW CAR,
IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS WARRANTED AGAINST ALL
MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR TWO YEARS, WHICHEVER
COMES FIRST.
(2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT, OR
AUTHORIZED smart center.
(3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.
(4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR OR MORE ATTEMPTS; OR IF
YOUR CAR IS OUT OF SERVICE TO REPAIR A PROBLEM FOR A TOTAL OF THIRTY DAYS
DURING THE WARRANTY PERIOD; OR IF THE MANUFACTURER OR ITS AGENT REFUSES
TO REPAIR A SUBSTANTIAL DEFECT OR CONDITION WITHIN TWENTY DAYS OF RECEIPT
OF NOTICE SENT BY YOU TO THE MANUFACTURER BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED; THEN YOU MAY BE ENTITLED TO EITHER A COMPARABLE CAR
OR A REFUND OF YOUR PURCHASE PRICE, PLUS LICENSE AND REGISTRATION FEES,
MINUS A MILEAGE ALLOWANCE ONLY IF THE VEHICLE HAS BEEN DRIVEN MORE THAN
12,000 MILES. SPECIAL NOTIFICATION REQUIREMENTS MAY APPLY TO MOTOR HOMES.
(5) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY ABUSE,
NEGLECT, OR UNAUTHORIZED MODIFICATION OF THE CAR.
(6) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND YOUR
PURCHASE PRICE IF THE PROBLEM DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF
YOUR CAR.
(7) IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE
MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND YOUR
PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.
(8) IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU MAY
RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY’S FEES IF
YOU PREVAIL.
(9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.
(10)AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE THROUGH
THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO AN
INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU MAY
HAVE TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER
OFFICE OR ATTORNEY GENERAL’S OFFICE TO FIND OUT HOW TO ARRANGE FOR
INDEPENDENT ARBITRATION.
262672_10b_ Smart_CIG_guts_092910.indd 22-23
9/29/10 11:07 AM
>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
>DISCLOSURE NOTICE FOR OHIO
>DISCLOSURE NOTICE FOR TEXAS
IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW,
TO A REPLACEMENT OR TO COMPENSATION.
NOTICE TO BUYER
TEXAS LEMON LAW
CHAPTER 2301, SUBCHAPTER M OF THE TEXAS OCCUPATIONS CODE
>DISCLOSURE NOTICE FOR PENNSYLVANIA
The Texas “LEMON LAW” provides simple and inexpensive help for consumers who
own defective new vehicles. Owners or lessees of new vehicles, including towable
recreational vehicles (TRVs), who have repeated warranty repairs on their vehicles
may file a complaint with the Motor Vehicle Division if the vehicle is less than 30 months
old and is within certain time and mileage limits. To qualify for relief, the vehicle must
be presented for repairs, in most cases, at least 2 times during the first 12 months
or 12,000 miles after delivery and 2 more times during the next 12 months or 12,000
miles, whichever occurs first. In general, mileage limitations do not apply to TRVs. If the
defects cannot be corrected, owners or lessees of “LEMONS” are entitled to have their
vehicles repurchased or replaced by the manufacturer.
PENNSYLVANIA AUTOMOBILE LEMON LAW RIGHTS
If the new motor vehicle you have purchased does not conform to the manufacturer’s
express warranty, the Pennsylvania Automobile Lemon Law provides that the
manufacturer may have to replace it or pay you a refund, at your option.
If you discover a defect that substantially impairs the use, value or safety of this vehicle,
contact the manufacturer or its authorized service and repair facility immediately.
Your Lemon Law rights only cover defects which occur within one year after delivery,
12,000 miles of use, or the term of the express warranty, whichever comes first.
The Law states that it is reasonable for the smart center, manufacturer or its agent to
make up three separate attempts to correct the same defect.
After three unsuccessful repair attempts, or after a total of 30 days in which the vehicle
is out of service for repair, you may be entitled to a comparable replacement vehicle or
a refund of the purchase price less an allowance for your actual use.
If a dispute arises concerning a defect, you must first resort to any informal dispute
settlement procedure established by the manufacturer to assert your Lemon Law rights.
The manufacturer or smart center must provide you with an itemized statement of all
repair work performed when your vehicle is returned from service. Keep those records
for future reference.
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In general, a “LEMON” is a vehicle that continues to have uncorrected defects after
having been subject to repair a reasonable number of times, and the defects seriously
affect the use, value, or safety of the vehicle. Complaints under the lemon law must be
filed with the Motor Vehicle Division within certain time limits. A filing fee is required,
but will be reimbursed if the vehicle is found to be a “LEMON.” Because the filing
deadline and other requirements of the “Lemon Law” are very specific, call the Motor
Vehicle Division for more information or for assistance concerning warranty repair
problems at (512) 416-4800 or 1-800-622-8682.
(Texas Occupations Code, §2301.613 requires this notice to be conspicuously posted in
the cashier area of the franchised dealer’s service department.)
For more information, contact the office of Attorney General, Bureau of Consumer
Protection, Strawberry Square, 14th Floor, Harrisburg, Pennsylvania, 17120.
smart USA
Customer Relations
1765 Telegraph Road
Bloomfield Hills, MI 48302
Tel: 1-800-762-7887
Please use the detachable Notice to smart USA Customer Relations form at the front of
this booklet to assist you.
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>>smart USA Lemon Law | 2011
>>smart USA Consumer Information | 2011
>DISCLOSURE NOTICE FOR VERMONT
>DISCLOSURE NOTICE FOR PUERTO RICO
MANUFACTURERS ARE REQUIRED TO SUPPLY THIS NOTICE WITH DELIVERY OF A NEW
MOTOR VEHICLE SOLD WITHIN THE STATE OF VERMONT 9 V.S.A. § 4180. NOTICE TO
CONSUMER STATE OF VERMONT MOTOR VEHICLE ARBITRATION BOARD
THIS NOTICE MUST BE SUPPLIED WITH DELIVERY OF NEW SMART USA CORPORATION
VEHICLES SOLD WITHIN THE COMMONWEALTH OF PUERTO RICO
The Vermont Lemon Law applies to new motor vehicles sold or leased (for two or more
years) and registered in the State of Vermont. A new motor vehicle is defined as a
passenger vehicle or truck with a gross vehicle weight of 10,000 pounds or less.
If, during the express warranty period, you discover a defect which substantially impairs
the use, market value or safety of this vehicle, and it has not been successfully repaired
after three repair attempts by an authorized smart center, or it has been out of service
for repair for a cumulative total of 30 calendar days, you may be entitled to apply for a
comparable replacement or refund of purchase price less certain allowances.
In order for a repair attempt to qualify, you must obtain a written repair order.
The vehicle is deemed to be out of service if it is in for repair for a majority of the day.
You cannot use the Lemon Law if you elect to use the manufacturer’s dispute
settlement mechanism.
You may not use the Lemon Law if you have stopped making payments on any financing
agreement because of the vehicle’s condition.
The Vermont Motor Vehicle Arbitration Program includes other eligibility requirement
which you must meet to qualify.
Forms for the Vermont Motor Vehicle Arbitration Board should be included with your new
vehicle on delivery.
For information as to your rights under the Lemon Law or forms, contact the Vermont
Motor Vehicle Arbitration Board, 118 State Street, Montpelier, Vermont 05602, telephone
(802) 828-2669, or your smart center.
>DISCLOSURE NOTICE FOR WASHINGTON
Notice of Consumer Rights are provided by the Attorney General’s Office, Lemon
Law Administration (available at https://fortress.wa.gov/atg/formhandler/ago/
dealerorderform.aspx). You can order a supply of Notice of Rights by completing and
submitting this form, by returning the reorder card included with your last order by
calling 1-800-541-8898 (for staff assistance: press 1 at the prompt).
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Although the smart USA Warranty applicable to your vehicle is broader than the minimum
statutory warranty established under Puerto Rico law, your new car, if purchased and
registered in Puerto Rico, is subject to rights and remedies not expressly provided for
nor implied in smart USA Warranty.
For example, in every case in which the repair of a new motor vehicle exceeds five
working days, except in cases where the vehicle is engaged in public transportation
or commercial exploitation or the repair delay is caused by an Act of God or unforseen
circumstances, smart USA and its smart centers are obligated to provide the consumer
with a motor vehicle similar in physical conditions and transmission, to the one left for
repair. This obligation is only available within the terms of the basic statutory warranty
of two years or 24,000 miles.
You may also be entitled, under certain circumstances involving certain types of defects,
to request from the pertinent judicial or administrative authority the resolution of the
sales contract or reimbursement of a portion of the sales price, provided adequate
opportunity to repair such defect has been provided to the authorized smart center
and such defect has not been corrected or repaired. For complete information regarding
your rights and remedies under state law contact the Department of Consumer Affairs
of the Commonwealth of Puerto Rico, Box 41059, Minillas Station, Santurce, Puerto Rico
00940-1059 Telephone: 722-7555
>NOTIFICATION DE AVISO PARA PUERTO RICO
ESTA NOTIFICACION SERA SUMINISTRADA AL MOMENTO DE ENTREGAR LOS VEHICULOS
SMART USA CORPORATION NUEVOS VENDIDOS EN EL ESTADO LIBRE ASOCIADO DE
PUERTO RICO.
A pesar de que la Garantía de Fábrica de smart USA Corporation aplicable a su vehículo
es más amplia que la garantía estatutaria minima establecida bajo la ley de Puerto Rico,
su auto nuevo, comprado y registrado en Puerto Rico, está sujeto a derechos y remedios
no provistos en la Garantía de Fábrica de smart USA Corporation.
Por ejemplo, en el caso de la reparación de un vehículo de motor nuevo, que exceda 5
días laborables, excepto en los casos donde el vehículo se dedica a la transportación
pública o explotación comercial o el atraso en la reparación resulte de un acto fortuito o
de circunstancias imprevistas, smart USA y sus distribuidores están obligados a proveer
al consumidor con un vehículo de motor de similar condición física y de transmisión, al
dejado en reparación. Está obligación sólo estará disponible dentro de los términos de
la garantía estatutaria de 2 años o 24,000 millas.
Usted también podrá tener derecho, bajo ciertas circunstancias y en relación con
ciertos tipos de defectos, a solicitar de la autoridad judicial o administrativa pertinente,
la resolución del contrato de compraventa o el reembolso de una porción del precio
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>>smart USA Consumer Information | 2011
>>smart USA Consumer Information | 2011
28
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de venta, siempre y cuando se le haya dado al representante autorizado de servicio
oportunidad adecuada para reparar dicho defecto y tal defecto no haya sido corregido
o reparado.
Para información completa en relación con sus derechos y remedios bajo las leyes y
reglamentos estatales, comuníquese con el Departamento de Asuntos al Consumidor
del Estado Libre Asociado de Puerto Rico, Apartado 41059, Minillas Stations, Santurce,
Puerto Rico 00940-1059, Teléfono: 722-7555.
>SPECIAL ADJUSTMENT PROGRAM NOTICE FOR
CONNECTICUT, VIRGINIA & WISCONSIN
IMPORTANT: Sometimes smart USA offers a special adjustment program to pay all
or part of the cost of certain repairs beyond the terms of the warranty. Check with
your smart center to determine whether any adjustment program is applicable to
your motor vehicle.
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