60-2701 Terms, defined.
As used in sections 60-2701 to 60-2709,unless the context otherwise
- (1) Consumer shall mean the purchaser, other than for purposes
of resale, of a motor vehicle normally used for personal, family,
household, or business purposes, any person to whom such motor
vehicle is transferred for the same purposes during the duration of
an express warranty applicable to such motor vehicle, and any other
person entitled by the terms of such warranty to enforce the
obligations of the warranty;
- (2) Motor vehicle shall mean a new motor vehicle as defined in
section 60-1401.02 which is sold in this state, excluding
self-propelled mobile homes as defined in section 60-301; and
- (3) Manufacturer's express warranty shall mean the written
warranty, so labeled, of the manufacturer of a new motor vehicle.
Laws 1983, LB 155, § 1; Laws 1989, LB 280, § 10.
60-2702 Motor vehicle not conforming to express warranties; duty
If a motor vehicle does not conform to all applicable express
warranties, and the consumer reports the nonconformity to the
manufacturer, its agent, or its authorized dealer during the term of
such express warranties or during the period of one year following the
date of original delivery of the motor vehicle to a consumer,
whichever is the earlier date, the manufacturer, its agent, or its
authorized dealer shall make such repairs as are necessary to conform
the vehicle to such express warranties, notwithstanding the fact that
such repairs are made after the expiration of such term or such
Laws 1983, LB 155, § 2.
60-2703 Manufacturer's duty to replace vehicle or refund price;
when; affirmative defense.
If the manufacturer, its agents, or authorized dealers are unable
to conform the motor vehicle to any applicable express warranty by
repairing or correcting any defect or condition which substantially
impairs the use and market value of the motor vehicle to the consumer
after a reasonable number of attempts, the manufacturer shall replace
the motor vehicle with a comparable motor vehicle or accept return of
the vehicle from the consumer and refund to the consumer the full
purchase price including all sales taxes, license fees, and
registration fees and any similar governmental charges, less a
reasonable allowance for the consumer's use of the vehicle. Refunds
shall be made to the consumer and lienholder, if any, as their
interests may appear. A reasonable allowance for use shall be that
amount directly attributable to use by the consumer and any previous
owner prior to 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 by reason of repair. It shall be an
affirmative defense to any claim under sections 60-2701 to 60-2709 (1)
that an alleged nonconformity does not substantially impair such use
and market value or (2) that a nonconformity is the result of abuse,
neglect, or unauthorized modifications or alterations of a motor
vehicle by a consumer.
Laws 1983, LB 155, § 3.
60-2704 Attempts to conform motor vehicle to warranties;
presumption; term of warranty; how computed.
It shall be presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the applicable express
warranties, if (1) the same nonconformity has been subject to repair
four or more times by the manufacturer, its agents, or authorized
dealers within the express warranty term or during the period of one
year following the date of original delivery of the motor vehicle to a
consumer, whichever is the earlier date, but such nonconformity
continues to exist or (2) the vehicle is out of service by reason of
repair for a cumulative total of forty or more days during such term
or during such period, whichever is the earlier date. The term of an
express warranty, such one-year period, and such forty-day period
shall be extended by any period of time during which repair services
are not available to the consumer because of a war, invasion, or
strike, or fire, flood, or other natural disaster. In no event shall
the presumption provided in this section apply against a manufacturer
unless the manufacturer has received prior written direct notification
by certified mail from or on behalf of the consumer and an opportunity
to cure the defect alleged.
Laws 1983, LB 155, § 4.
60-2705 Dispute settlement procedure; effect; director; duties.
The Director of Motor Vehicles shall adopt standards for an
informal dispute settlement procedure which substantially comply with
the provisions of 16 C.F.R. part 703, in existence as of February 22,
1983. If a manufacturer has established or participates in a dispute
settlement procedure certified by the Director of Motor Vehicles
within the guidelines of such standards, the provisions of section
60-2703 concerning refunds or replacement shall not apply to any
consumer who has not first resorted to such a procedure.
Laws 1983, LB 155, § 5.
60-2706 Statute of limitations.
Any action brought under sections 60-2701 to 60-2709 shall be
commenced within (1) one year following the expiration of the express
warranty term or (2) two years following the date of original delivery
of the motor vehicle to a consumer, whichever is the earlier date.
Laws 1983, LB 155, § 6.
60-2707 Attorney's fees; when allowed.
In any action brought under sections 60-2701 to 60-2709 the court
shall award reasonable attorney's fees to the prevailing party if the
prevailing party is the consumer.
Laws 1983, LB 155, § 7.
60-2708 Sections, how construed.
Nothing in sections 60-2701 to 60-2709 shall in any way limit the
rights or remedies which are otherwise available to a consumer under
any other law.
Laws 1983, LB 155, § 8.
60-2709 Applicability of sections.
Sections 60-2701 to 60-2709 shall apply to motor vehicles beginning
with the manufacturer's 1984 model year.
Laws 1983, LB 155, § 9.