1. (a) If a piece of new recreational equipment is damaged prior to transit to a new recreational equipment dealer or is damaged in transit to the new recreational equipment dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the new recreational equipment dealer shall notify the manufacturer or distributor of the damage within the timeframe specified in the manufacturer-dealer agreement and must do 1 of the following:

   1. (1) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or to otherwise correct the damage.
   2. (2) Reject the equipment within the timeframe set forth in subsection (d) of this section.
2. (b) If a manufacturer or distributor refuses or fails to authorize repair of damage pursuant to subsection (a) of this section within 10 days after receipt of notification, or if the new recreational equipment dealer rejects the new recreational equipment because of damage, ownership of the new recreational equipment reverts to the manufacturer or distributor.
3. (c) A new recreational equipment dealer shall exercise due care while the damaged new recreational equipment in the new recreational equipment dealer’s custody, but the new recreational equipment dealer has no other obligations, financial or otherwise, with respect to the equipment.
4. (d) The timeframe for inspection and rejection of a new recreational equipment by a new recreational equipment dealer must be part of the manufacturer-dealer agreement and may not be less than 2 business days after the physical delivery of the equipment.
5. (e) Any new recreational equipment that has, at the time of delivery to a new recreational equipment dealer, an unreasonable amount of miles or hours on its odometer or meter as determined by the new recreational equipment dealer, may be subject to rejection by the new recreational equipment dealer and reversion of the equipment to the manufacturer or distributor. In no instance may a new recreational equipment dealer deem an amount less than the distance between the new recreational equipment dealer and the manufacturer’s factory or a distributor’s point of distribution, plus 100 miles, as unreasonable.

85 Del. Laws, c. 437, § 1