As used in NRS 597.264 to 597.2667, inclusive, unless the context otherwise requires the words and terms defined in NRS 597.2643 to 597.265, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1997, 942)
“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 […]
“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 […]
“Dealer” means a person who sells or leases assistive devices to consumers. (Added to NRS by 1997, 943)
“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. (Added to NRS by 1997, 943)
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) […]
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 […]
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 […]
1. If an assistive device covered by an express warranty of a manufacturer is made available for repair pursuant to NRS 597.2655 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 […]
An assistive device that is returned to a manufacturer by a consumer in this state pursuant to NRS 597.2657 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. (Added to NRS by 1997, 944)
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 NRS 597.264 to 597.2667, inclusive. 2. The court shall award to the prevailing party not more than twice the amount of […]
1. The provisions of NRS 597.264 to 597.2667, inclusive, 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 NRS 597.264 to 597.2667, inclusive, is void. (Added to NRS by 1997, 944)
