597.600
Definitions.
As
used in NRS 597.600 to 597.680, inclusive, unless the context
otherwise requires:
1.
"Buyer" means:
(a)
A person who purchases or contracts to purchase, other than for
purposes of resale, a motor vehicle normally used for personal,
family or household purposes.
(b)
Any person to whom the motor vehicle is transferred during the
time a manufacturer's express warranty applicable to the motor
vehicle is in effect.
(c)
Any other person entitled by the terms of the warranty to
enforce its obligations.
2.
Except as otherwise provided in this subsection "motor
vehicle" has the meaning ascribed to it in NRS 482.075. The
term does not include motor homes or off-road vehicles except
for the purposes of NRS 597.680.
597.610
Report of defect in motor vehicle; duty of manufacturer.
If
a new motor vehicle does not conform to all of the
manufacturer's applicable express warranties and the buyer
reports the nonconformity in writing to the manufacturer:
1.
Before the expiration of the manufacturer's express warranties;
or
2.
No later than 1 year after the date the motor vehicle is
delivered to the original buyer, whichever occurs earlier, the
manufacturer, its agent or its authorized dealer shall make such
repairs as are necessary to conform the vehicle to the express
warranties without regard to whether the repairs will be made
after the expiration of the express warranty or the time
described in subsection 2.
597.620
Submission of claim.
To
manufacturer for replacement or refund according to designated
procedure.
If
the manufacturer has established or designated a procedure for
settling disputes informally which substantially complies with
the provisions of Title 16 of the Code of Federal Regulations,
Part 703, a buyer must first submit his claim for replacement of
the motor vehicle or for refund of the purchase price under that
procedure before bringing any action under NRS 597.630.
597.630
Duties of manufacturer
If
motor vehicle cannot be conformed to express warranties.
1.
If, after a reasonable number of attempts, the manufacturer, or
its agent or authorized dealer is unable to conform the motor
vehicle to any applicable express warranty by repair or
correction and the defect or condition causing the nonconformity
substantially impairs the use and value of the motor vehicle to
the buyer and is not the result of abuse, neglect or
unauthorized modifications or alterations of the motor vehicle,
the manufacturer shall:
(a)
Replace the motor vehicle with a comparable motor vehicle of the
same model and having the same features as the replaced vehicle,
or if such a vehicle cannot be delivered to the buyer within a
reasonable time, then a comparable motor vehicle substantially
similar to the replaced vehicle; or
(b)
Accept return of the motor vehicle from the buyer and refund to
him the full purchase price including all sales taxes, license
fees, registration fees and other similar governmental charges,
less a reasonable allowance for his use of the vehicle. A
reasonable allowance for use is that amount directly
attributable to use by the buyer before his first report of the
nonconformity to the manufacturer, agent or dealer and during
any subsequent period when the vehicle is not out of service for
repairs. Refunds must be made to the buyer, and lien holder if
any, as their interests may appear.
2.
It is presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the applicable express
warranties where:
(a)
The same nonconformity has been subject to repair four or more
times by the manufacturer, or its agent or authorized dealer
within the time the express warranty is in effect or within 1
year following the date the motor vehicle is delivered to the
original buyer, whichever occurs earlier, but the nonconformity
continues to exist; or
(b)
The motor vehicle is out of service for repairs for a cumulative
total of 30 or more calendar days within the time the express
warranty is in effect or within 1 year following the date the
motor vehicle is delivered to the original buyer, whichever
occurs earlier, except that if the necessary repairs cannot be
made for reasons which are beyond the control of the
manufacturer or its agent or authorized dealer, the number of
days required to give rise to the presumption must be
appropriately extended.
597.640
Tolling of period for express warranties.
For
the purposes of NRS 597.600 to 597.670, inclusive, the running
of the time an express warranty is in effect or of any other
period of time described in those sections is tolled for the
time during which services to repair the motor vehicle are not
reasonably available to the buyer because of a war, invasion or
strike, or because of a fire, flood or other natural disaster.
597.650
Commencement of action by buyer.
Any
action brought pursuant to NRS 597.600 to 597.630, inclusive,
must be commenced within 18 months after the date of the
original delivery of the motor vehicle to the buyer.
597.660
Waiver of rights by buyer prohibited.
Any
provision in any agreement between the manufacturer or its agent
or authorized dealer and the buyer which provides that the buyer
agrees to waive or forego any rights or remedies afforded by NRS
597.600 to 597.630, inclusive, is void.
597.670
Effect of other rights and remedies of buyer.
The
provisions of NRS 597.600 to 597.630, inclusive, do not limit
any other right or remedy which the buyer may have by law or by
agreement.
597.675
Notification of manufacturer regarding change in residential
address.
Any
person entitled by the terms of a manufacturer's express
warranty to enforce its obligations is responsible for notifying
the manufacturer of any change in his residential address.
597.680
Reimbursement by manufacturer for cost of repairs to conform
vehicle to express warranties.
The
manufacturer shall reimburse its agent or authorized dealer for
the cost of repairs made to a motor vehicle to conform it to the
manufacturer's express warranties. The reimbursement must be
paid at the rate usually billed by the agent or dealer to the
general public for similar repairs.
597.690
Manufacturer required to remedy defects in vehicle related to
safety without charge.
1.
Every manufacturer of a vehicle who furnishes notification to
the registered owner of the vehicle of any defect in the vehicle
related to vehicle safety shall, notwithstanding the limitations
of any warranty relating to such vehicle, correct such defect at
the manufacturer's expense and without charge to the registered
owner of the vehicle if the vehicle is returned to any vehicle
dealer franchised by the manufacturer to market the vehicle, or,
at the election of the manufacturer, reimburse the registered
owner for the actual cost of making such correction.
2.
This section does not require a vehicle dealer to make the
required correction if the manufacturer has failed to make
available to the dealer the parts needed to make the correction. |