Lemon Law Flashcards
the philippine lemon law applies to the sale of _________________________
brand new motor vehicles
It refers to a vehicle construed entirely from newport’s and covered by a manufacturer express warranty at the time of purchase that it has never been sold or registered with the department of transportation and communications or an appropriate agency or authority and has never been operated on any highway of the philippines or in any foreign state or country
brand new motor vehicle
It refers to the fees paid to the land transportation office for the registration of a brand new motor vehicle and other incidental expenses such as but not limited to the cost of insurance pertaining to the vehicle, chattel mortgage fees and interest expenses if applicable
collateral charges
It refers to a motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, in terms of specification and values, subject to availability, as the motor vehicle existed at the time of purchase provided that there shall be an offsetting from this value for reasonable allowance for its use
comparable motor vehicle
The lemon law rights. Refers to the period ending _________ after the date of the original delivery of a brandy motor vehicle to a consumer or the first ______________ kilometers of operation after such delivery, whichever comes first. This shall be the period during which the consumer can report any nonconformity
12 months; 20,000
It refers to any self-propelled, four wheeled vehicle designed to carry passengers
motor vehicle
Which of the following or considered motor vehicles
a. coupes
b. Delivery trucks
c. Sports utility vehicles
d. Asian utility vehicles
e. Buses
f. Trolley cars
acd
Equipment usually used for business purposes are not considered motor vehicle
It refers to any defect or condition that substantially impairs to use, value or safety of a brand new motor vehicle which prevents it from conforming to the manufacturers or distributors standards or specifications, which cannot be repaired but excluding conditions resulting from non-compliance by the consumer of his or her obligations under warranty
nonconformity
It refers to a written assurance, so labeled, of the manufacturer of a brand new motor vehicle including any term or condition precedent to the enforcement of obligations under the warranty
warranty
Causes of nonconformity which are not covered by lemon law (NMAF)
- Non-compliance by the consumer
- Modifications not authorized by the manufacturer
- Abuse or neglect
- Force majeure
any cause that is not related to the manufacturer…
At any time within the lemon law rights period, and after at least _____ separate repair attempts by the same manufacturer, distributor, authorized dealer or retailer for the same complaint, and nonconformity issue remains unresolved, the consumer may invoke his or her rights under this act
four
In case the nonconformity issue remains unresolved despite the manufacturer’s effort to repair the vehicle, pursuant to the consumers availment of his or her lemon rights, the consumer may find a complete before the dti as provided for under this act provided however that if the vehicle is not returned for repair, based on the same complaint, within ______ calendar days from the date of the notice of release of the motor vehicle to the consumer following disrepair attempt within the lemon law rights., the reaper is them successful
30 days
True or false. The consumer shall be provided reasonable daily transportation allowance to compensate for the non usage of the vehicle while on the repair and during the period of availment of the lemon law rights
true
Which department shall exercise exclusive and original jurisdiction over disputes arising from the provisions of the lemon law
dti
All the disputes that have been submitted for mediation shall be settled not later than __________ from the date filing of the complaint with the dti
10 working days
In the event that both parties do not undertake arbitration proceedings, at least one of the parties may comments adjudication proceedings, administered by the dti. The dti shall rely on the qualification independent findings as to conformity to standards and specifications established here in. In no case shall adjudication proceedings exceed __________
20 working days
In case a finding of nonconformity is arrived at, the dti rule in favor of the consumer and direct the manufacturer, distributor, authorized dealer or retailer to grant either of the following remedies to the consumer (2)
replace
refund + collateral charges
True or false. In case a nonconformity of the motor vehicle is not owned by the dti, the consumer shall reimburse the manufacturer, distribute or, authorized dealer or retailer to costs incurred by the latter in validating the consumers complaints
true
An appeal may be taken from a final judgment or order of the education officer which completely disposes duties within ________ from receipt thereof
15 days
For purposes of the lemon law, reasonable allowance for use shall mean ______ per annum deduction from the purchase price, or the product of the distance traveled in km and the purchase price divided by _________, whichever is lower
20%; 100,000 km
The manufacturer, distributor, authorized dealer or retailer attached to have violate the provisions requiring disclosure on resale shall be liable to pay a minimum of ______________ as damages to the aggrieved party without prejudice to any civil or criminal liability they and or order responsible officer may and under existing laws
100,000
