NRS 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.
(Added to NRS by 1983, 610; A 1985, 2026; 1995, 2366)
NRS 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.
(Added to NRS by 1983, 610)Ñ(Substituted in revision for NRS 598.756)
NRS 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.
(Added to NRS by 1983, 612)Ñ(Substituted in revision for NRS 598.761)
NRS 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 lienholder 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.
(Added to NRS by 1983, 611)Ñ(Substituted in revision for NRS 598.766)
NRS 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.
(Added to NRS by 1983, 611)Ñ(Substituted in revision for NRS 598.771)
NRS 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.
(Added to NRS by 1983, 612)Ñ(Substituted in revision for NRS 598.776)
NRS 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.
(Added to NRS by 1983, 612)Ñ(Substituted in revision for NRS 598.781)
NRS 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.
(Added to NRS by 1983, 612)Ñ(Substituted in revision for NRS 598.786)
NRS 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.
(Added to NRS by 1995, 2366)
NRS 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.
(Added to NRS by 1985, 2026)Ñ(Substituted in revision for NRS 598.791)
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