"New motor vehicle." Any new and unused self-propelled,
motorized conveyance driven upon public roads, streets or
highways which is designed to transport not more than 15
persons, which was purchased or leased and is registered in the
Commonwealth or purchased or leased elsewhere and registered for
the first time in the Commonwealth and is used, leased or bought
for use primarily for personal, family or household purposes,
including a vehicle used by a manufacturer or dealer as a
demonstrator or dealer car prior to its sale. The term includes
motorcycles and does not include [motorcycles,] motor homes or
off-road vehicles.
* * *
Section 2. Section 5 of the act is amended to read:
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
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