3201. Failure to Promptly Repurchase or Replace New Motor Vehicle After Reasonable Number of Repair Opportunities227Essential Factual Elements (Civ. Code, 247 1793.2(d)) Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court222s Motion Refused Withdrawn Judge Instruction No 1 [] claims that [] failed to promptly repurchase or replace a[n] [] after a reasonable number of repair opportunities. To establish this claim, [] must prove all of the following: 1. That [] [bought/leased] a[n] [] [from/distributed by/manufactured by] []; 2. That [] gave [] a written warranty that []; 3. That the vehicle had [a] defect[s] that [was/were] covered by the warranty and that substantially impaired its use, value, or safety to a reasonable person in []222s situation; 4. [That [] delivered the vehicle to [] or its authorized repair facility for repair of the defect[s];] [] [That [] notified [] in writing of the need for repair of the defect[s] because [he/she] reasonably could not deliver the vehicle to [] or its authorized repair facility because of the nature of the defect[s];] 5. That [] or its authorized repair facility failed to repair the vehicle to match the written warranty after a reasonable 3201. Failure to Promptly Repurchase or Replace New Motor Vehicle After Reasonable Number of Repair Opportunities227Essential Factual Elements (Civ. Code, 247 1793.2(d)) Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court222s Motion Refused Withdrawn Judge Instruction No 1 number of opportunities to do so; and 6. That [] did not promptly replace or buy back the vehicle. [It is not necessary for [] to prove the cause of a defect in the [].] [A written warranty need not include the words 223warranty224 or 223guarantee,224 but if those words are used, a warranty is created. It is also not necessary for [] to have specifically intended to create a warranty. A warranty is not created if [] simply stated the value of the vehicle or gave an opinion about the vehicle. General statements concerning customer satisfaction do not create a warranty.] New September 2003; Revised February 2005, December 2005, April 2007, December 2007, December 2011