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 or her 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.

(Added to NRS by 1997, 943)