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)