Senate Bill No. 401-Senators Titus, Wiener, Adler, Coffin, Mathews, Neal, Regan, Schneider and Shaffer
CHAPTER
278
- AN ACT relating to trade practices; requiring a manufacturer to provide an express warranty for a device that enhances the ability of a person to perform a major life activity; and providing other matters properly relating thereto.
[Approved July 3, 1997]
- THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. "Assistive device" means a device purchased or accepted for delivery in this state that enhances the ability of a person to perform a major life activity, including, but not limited to:
1. Manual or motorized wheelchairs, scooters and other devices that enhance the ability of a person to move;
2. Hearing aids, devices for telecommunication and any other devices that enhance the ability of a person to hear;
3. Voice synthesizers, optical scanners, Braille printers and any other devices that enhance the ability of a person to communicate;
4. Light amplifiers, magnification equipment, Braille equipment and any other devices that enhance the ability of a person to see; and
5. Any other device that enhances the ability of a person to move, hear, communicate or see.
Sec. 4. "Consumer" means:
1. A person who leases or purchases, other than for the purposes of resale, an assistive device;
2. A person to whom an assistive device is transferred during the period the express warranty of a manufacturer is in effect; or
3. Any other person who is entitled by the terms of the warranty to enforce its obligations.
Sec. 5. "Dealer" means a person who sells or leases assistive devices to consumers.
Sec. 6. "Manufacturer" means a person who manufactures or assembles assistive devices or an agent of that person, including an importer or a distributor. The term does not include a dealer.
Sec. 7. 1. A manufacturer who, directly or through a dealer, sells or leases to a consumer in this state an assistive device that has not been previously sold or leased shall provide an express warranty for that device. The express warranty does not:
(a) Take effect until the consumer takes possession of the device; and
(b) Expire less than 1 year after the delivery of the device to the consumer.
2. If a manufacturer fails to provide an express warranty required by this section, the assistive device shall be deemed to be covered by the express warranty of the manufacturer.
Sec. 8. If an assistive device does not conform to the express warranty of the manufacturer and the consumer reports the nonconformity to the manufacturer or dealer and makes the assistive device available for repair before the expiration of the express warranty, the manufacturer or dealer shall make the repairs necessary to conform the assistive device to the express warranty without regard to whether the repairs will be made after the expiration of the express warranty.
Sec. 9. 1. If, after a reasonable number of repairs, the manufacturer or dealer is unable to conform the assistive device to the express warranty and the defect or condition causing the nonconformity substantially impairs the use and value of the assistive device to the consumer and is not the result of abuse, neglect or unauthorized modifications or alterations of the assistive device by the consumer, the manufacturer shall:
(a) Replace the assistive device with an assistive device of the same model and having the same features as the replaced device, or if such a device cannot be delivered to the consumer within a reasonable period, a comparable assistive device substantially similar to the replaced device; or
(b) Accept the return of the assistive device from the consumer and refund to the consumer, within 30 days after the return of the device, the purchase price of the device, including all sales taxes and finance charges paid by the consumer, and any other expenses related to the purchase and use of the assistive device, less a reasonable allowance for use of the assistive device. As used in this paragraph "reasonable allowance for use" means that amount that is directly attributable to the use of the device by the consumer before his first report of the nonconformity to the manufacturer or dealer and during any subsequent period that the assistive device is not out of service for repairs.
2. It is presumed that a reasonable number of repairs have been undertaken to conform an assistive device to an applicable express warranty if:
(a) The same nonconformity has been subject to repair three or more times by the manufacturer or dealer within the time the express warranty is in effect, but the nonconformity continues to exist; or
(b) The assistive device is unavailable for use by the consumer because of a nonconformity for a cumulative total of 30 days or more within the period the express warranty is in effect, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or dealer, the number of days required to give rise to the presumption must be appropriately extended.
Sec. 10. 1. If an assistive device covered by an express warranty of a manufacturer is made available for repair pursuant to section 8 of this act and:
(a) The device is not repaired within 10 working days, including the day on which the assistive device is made available for repair; or
(b) The defect or malfunction that is the cause of nonconformity is the same defect or malfunction for which the assistive device has been made available for repair two or more times,
the manufacturer shall provide to the consumer, for the duration of the period of repair, a reimbursement of not more than $30 each day for the rental of an assistive device.
2. If a dealer does not deliver the assistive device to the manufacturer in a timely manner that allows the manufacturer to repair the device within 10 working days, the manufacturer may bring an action against the dealer for reimbursement of any money that the manufacturer is required to pay to a consumer pursuant to subsection 1.
Sec. 11. An assistive device that is returned to a manufacturer by a consumer in this state pursuant to section 9 of this act may not be sold or leased in this state unless the reason for the return of the assistive device is disclosed to the prospective consumer.
Sec. 12. 1. In addition to any other remedy available to a consumer, a consumer may bring an action to recover any damages caused by a manufacturer or dealer who violates any of the provisions of sections 2 to 13, inclusive, of this act.
2. The court shall award to the prevailing party not more than twice the amount of the damages, and costs, including attorney's fees and any equitable relief that the court determines is appropriate.
Sec. 13. 1. The provisions of sections 2 to 13, inclusive, of this act, do not limit any rights or remedies a consumer may have pursuant to any other law or agreement.
2. A waiver by a consumer of any of the rights provided pursuant to sections 2 to 13, inclusive, of this act, is void.
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