AN ACT ESTABLISHING FAIR REPAIR REQUIREMENTS FOR MANUFACTURERS OF DIGITAL ELECTRONIC PRODUCTS.
Enacts new GS Chapter 75, Article 9 (Fair Repair Requirements Act).
Defines 11 terms as they are used in the Article.
Requires manufacturers of digital electronic products (a part or machine containing a microrprocessor originally manufactured for distribution and sale in the United States) sold or used in North Carolina to make diagnostic and repair information available to independent repair facilities or owners of the manufacturer's products, free of charge and in the same manner the manufacturer makes them available to its authorized repair providers. Requires those manufacturers to make service parts available for purchase. Does not require the manufacturer to sell service parts no longer available to the manufacturer or the authorized repair channel of the manufacturer. Prohibits manufacturers that sell information to independent or third-party repair providers in a standardized format, on conditions more favorable than those under which an authorized repair provider obtains the same information, from requiring the authorized repair provider to continue to purchase that information in a proprietary format, unless the proprietary format includes information or functionality not available in the standardized format. Requires manufacturers to make diagnostic repair tools available for purchase by owners and independent repair facilities available to its own repair or engineering staff or authorized repair providers. Manufacturers that provide repair information to aftermarket service information publications and systems have fully satisfied their obligations under this statute. Prohibits manufacturers of digital electronic products for security-related functions from excluding information necessary to reset a security-related electronic function from information provided to owners and independent repair facilities, and authorizes provision of the information through an appropriate secure data release system.
Does not require divulging of trade secrets.
Does not affect agreements between authorized repair providers and manufacturers. Grants authorized repair providers all rights under this statute, except in the case of a dispute under an existing agreement.
Does not require manufacturers or authorized repair providers to provide an owner or independent repair provider with nondiagnostic and nonrepair information.
Requires an independent repair provider or owner to give written notice to a manufacturer of the manufacturer's alleged failure to comply with this statute, and to allow 30 days for the manufacturer to cure the failure, prior to filing a complaint in district court for the violation.
Effective October 1, 2017.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.