Nevada § 597.630 - Duties of manufacturer if motor vehicle cannot be conformed to express warranties

§ 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 or her the

full purchase price including all sales taxes, license fees, registration fees and

other similar governmental charges, less a reasonable allowance for his or her use

of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the

buyer before his or her 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.