Nonperformance. (a)  Nonperformance factors.-- It shall not be a breach of contract by a messenger or agent service if the department

§ 7508.  Nonperformance. (a)  Nonperformance factors.-- It shall not be a breach of contract by a messenger or agent service if the department determines that the failure to timely submit an application, taxes or fees was the result of: (1)  an act of God; (2)  criminal or fraudulent action by an employee of the messenger or agent service which was unknown and could not have been prevented by the messenger or agent service unless the department determines that the messenger or agent service, or an employee of the messenger or agent service, altered the date of the purchase of a vehicle upon an application; (3)  a failure by a lienholder to forward a title as required by section 1135 (a)(1) (relating to satisfaction of security interest) provided the lienholder received prompt satisfaction; or (4)  criminal, fraudulent or negligent action by a messenger service of the department if the agent and messenger service are not controlled by the same person and the agent submitted the application, taxes or fees to the messenger service within 15 days of receipt by the agent service. (b)  Burden of proof.-- A messenger or agent service has the burden to prove the existence of subsection (a)(1), (2), (3) or (4). The messenger or agent service shall also prove that its submission was in accordance with business practices requiring prompt submission of applications, taxes or fees to the department. (Dec. 9, 2002, P.L.1278, No.152, eff. 6 months) 2002 Amendment. Act 152 added section 7508.