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Nevada Revised
Statutes, 597.600 to 597.690
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.
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