ce prohibited unless reason for return disclosed to prospective consumer. 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) NRS 597.2665 Action for damages and equitable relief; costs and attorney’s fees. 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 the damages, and costs, including attorney’s fees and any equitable relief that the court determines is appropriate. (Added to NRS by 1997, 944) NRS 597.2667 Rights and remedies not exclusive; waiver of rights void. 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) AUTOMOTIVE SERVICES Service Stations NRS 597.270 Definitions. As used in NRS 597.270 to 597.470, inclusive, unless the context requires otherwise, the words and terms defined in NRS 597.280 to 597.380, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1975, 1280; A 1987, 2197; 1999, 702) NRS 597.280 “Affiliate” defined. “Affiliate” means any person who controls, is controlled by or is under common control with any other person. (Added to NRS by 1987, 2196)—(Substituted in revision for NRS 598.651) NRS 597.290 “Control” defined. “Control” means the direct or indirect ownership of, or right to exercise a directing influence over, more than 50 percent of the beneficial interest in any other person. (Added to NRS by 1987, 2196)—(Substituted in revision for NRS 598.6512) NRS 597.300 “Franchise” and “franchise agreement” defined. “Franchise” or “franchise agreement” means a written or oral agreement between a refiner and a retailer under which the retailer is granted the right: 1. To use a trademark, trade name, service mark or other identifying symbol or name owned by the refiner; or 2. To occupy premises owned, leased or controlled by the refiner, for the purpose of engaging in the retail sale of motor vehicle fuel. (Added to NRS by 1987, 2196)—(Substituted in revision for NRS 598.6514) NRS 597.305 “Lessee dealer” defined. “Lessee dealer” means a retailer who operates a service station pursuant to a franchise agreement if the service station is leased to the retailer by the refiner with whom the retailer has entered into the franchise agreement. (Added to NRS by 1997, 2015) NRS 597.310 “Marketing area” defined. “Marketing area” means an area of not more than 5 miles in any direction from a service station selling the products of a refiner pursuant to a franchise. (Added to NRS by 1987, 2196)—(Substituted in revision for NRS 598.6516) NRS 597.320 “Motor vehicle fuel” defined. “Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060, except that it includes diesel fuel. (Added to NRS by 1987, 2196)—(Substituted in revision for NRS 598.6518) NRS 597.330 “Price” defined. “Price” means the net purchase price after any adjustment for a commission, fee, rebate or discount, or for the furnishing of services or facilities. (Added to NRS by 1987, 2196)—(Substituted in revision for NRS 598.652) NRS 597.340 “Refiner” defined. “Refiner” means any person, including an affiliate, who: 1. Produced quantities of crude oil equal to more than 30 percent of the domestic and imported crude oil supplied to his refinery during the most recent calendar year for which information is available; 2. Refines motor vehicle fuel from crude oil; and 3. Has a total refinery capacity of more than 175,000 barrels a day. (Added to NRS by 1987, 2196)—(Substituted in revision for NRS 598.6522) NRS 597.350 “Refinery” defined. “Refinery” means a manufacturing facility at which motor vehicle fuel is produced from crude oil. (Added to NRS by 1987, 2196)—(Substituted in revision for NRS 598.6524) NRS 597.360 “Retailer” defined. “Retailer” means a: 1. Wholesale purchaser; or 2. Person who operates a service station pursuant to a franchise agreement with a refiner or wholesale purchaser. (Added to NRS by 1987, 2196)—(Substituted in revision for NRS 598.6526) NRS 597.370 “Service station” defined. “Service station” means an establishment where motor vehicle fuel is sold to the general public. (Added to NRS by 1987, 2197)—(Substituted in revision for NRS 598.6528) NRS 597.380 “Wholesale purchaser” defined. “Wholesale purchaser” means any person who purchases motor vehicle fuel or other petroleum products from a refiner or other wholesaler for distribution to service stations or to individual or business consumers. (Added to NRS by 1987, 2197)—(Substituted in revision for NRS 598.653) NRS 597.390 Prohibited practices of refiners. A refiner shall not, directly or indirectly or through any officer, agent or employee: 1. Prohibit, directly or indirectly, the right of free association among retailers or wholesale purchasers for any lawful purpose. 2. Change or modify any restrictions upon business activities of a retailer during the term of the franchise that are not related to the sale of motor vehicle fuel or other petroleum products. 3. Unreasonably reduce, limit or curtail the supply of motor vehicle fuel or other petroleum products to any retailer or wholesale purchaser. 4. Place unreasonable restrictions upon business activities of a retailer that are not related to the sale of motor vehicle fuel or other petroleum products or upon any business activities of a wholesale purchaser. (Added to NRS by 1975, 1281; A 1987, 2198)—(Substituted in revision for NRS 598.655) NRS 597.400 Fair compensation required on failure of refiner to renew franchise. 1. A refiner shall not fail to renew the franchise of any retailer without fairly compensating the retailer at a fair going business value for his capital investment if: (a) The capital investment was entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (b) The cancellation or failure to renew was not done in good faith. 2. For the purposes of this section, “capital investment” includes, but is not limited to, tools, equipment and any inventory of parts possessed by the retailer on the day of notification of cancellation or nonrenewal and which are still in the retailer’s possession on the day the cancellation or nonrenewal is effective. (Added to NRS by 1975, 1281; A 1987, 2199)—(Substituted in revision for NRS 598.660) NRS 597.410 Required notice of termination, cancellation or failure to renew franchise or contract. 1. Except as otherwise provided in subsection 2 or 3, a refiner shall not, directly or indirectly, or through an officer, agent or employee terminate, cancel or fail to renew a franchise or a contract with a wholesale purchaser without first giving to the retailer or wholesale purchaser written notice as follows: (a) In case of cancellation or termination, specifying all matters of claimed noncompliance with the agreement and allowing the other party at least 30 days to comply with the terms of the agreement. If the other party does not comply, the cancellation or termination is effective on the date set forth in the notice. (b) At least 30 days b

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