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Vegas Law

efore the expiration of a term of an agreement, specifying: (1) All the reasons for any intention of the refiner not to renew; or (2) Any change in price, rent, terms or conditions to which renewal of the agreement is subject. 2. If the alleged ground is voluntary abandonment by the retailer of the franchise, or by the wholesale purchaser of his contract, the written notice may be given 3 days before the termination or cancellation. 3. If the alleged ground is the conviction of the retailer of a crime punishable as a felony and related to the business conducted pursuant to the franchise, termination, cancellation or failure to renew may be effective immediately. (Added to NRS by 1975, 1281; A 1987, 2199)—(Substituted in revision for NRS 598.665) NRS 597.420 Effect of failure to serve notice. The failure of a refiner to serve notice upon a retailer or wholesale purchaser as required in NRS 597.410 constitutes a grant of the option by the refiner to the retailer or wholesale purchaser to renew the franchise or contract for a period of 1 year under the same price, rent, terms and conditions as the expiring agreement. The option expires 45 days after the date when notice should have been served, unless exercised by written notice to the refiner. (Added to NRS by 1975, 1282; A 1987, 2199)—(Substituted in revision for NRS 598.670) NRS 597.430 Manner of giving notice. All notices required of refiners under NRS 597.410 or 597.420 must be given in writing by certified mail, return receipt requested, to: 1. The address indicated in the agreement or as subsequently changed by the party in writing; or 2. If no address was designated, the party’s place of business. (Added to NRS by 1975, 1282; A 1987, 2200)—(Substituted in revision for NRS 598.675) NRS 597.440 Restrictions on refiner’s operation of service stations. On or after January 1, 2001, a refiner who engages in the direct operation of: 1. Less than 30 service stations in this state, with his own employees or through a subsidiary or commissioned agent or a person on the basis of a fee, may commence the direct operation of not more than 5 additional service stations per calendar year, but in no case may he commence the direct operation of more than 30 service stations without complying with the provisions of subsection 2. 2. At least 30 service stations in this state, with his own employees or through a subsidiary or commissioned agent or a person on the basis of a fee, may commence the direct operation of additional service stations per year, with his own employees or through a subsidiary or commissioned agent or person on the basis of a fee, only if, during the year in which the service stations are added, he leases, in addition to the number of service stations leased by the refiner to lessee dealers on July 1, 1997, at least 1 additional service station to a lessee dealer for every 2 directly operated service stations added. For the purposes of this subsection, an additional service station leased by the refiner to a lessee dealer before the refiner engages in the direct operation of at least 30 service stations shall be deemed to be 1 service station leased to a lessee dealer during any year following the year in which the refiner engages in the direct operation of at least 30 service stations. (Added to NRS by 1987, 2197; A 1997, 2016; 2003, 1221) NRS 597.450 Temporary operation of service station by refiner; limitations on temporary operation; price of motor vehicle fuel sold to other retailers. 1. If a refiner is unable to commence the direct operation of a service station because of the restrictions set forth in NRS 597.440, the refiner may operate the service station temporarily for not more than 180 days if: (a) The retailer voluntarily terminates or agrees not to renew the franchise for the service station; or (b) The franchise for the service station is terminated by the refiner pursuant to NRS 597.270 to 597.470, inclusive. 2. During the temporary operation of a service station by a refiner, the refiner may sell motor vehicle fuel to other retailers in the marketing area of that service station at a price not less than 4 cents below the retail price of fuel at the service station he is operating. (Added to NRS by 1987, 2197; A 2003, 1222) NRS 597.460 Refiner’s failure to act in good faith or use of undue influence prohibited. A refiner shall not, directly or indirectly or through any officer, agent or employee: 1. Fail to act in good faith in performing or complying with any term or provision of, or collateral to, a franchise or a contract with a wholesale purchaser. 2. Use undue influence to induce a retailer to surrender any right given to the retailer by any provision contained in the franchise. (Added to NRS by 1987, 2197)—(Substituted in revision for NRS 598.679) NRS 597.470 Judicial relief; costs and attorney’s fees. 1. A retailer, wholesale purchaser or refiner may bring an action against the other party for violation of their respective agreements and may: (a) Recover the damages sustained. (b) Obtain injunctive relief to prevent loss of rights or restore rights lost. 2. The remedies provided in this section are independent of and supplemental to any other remedy available to the retailer, wholesale purchaser or refiner in law or equity. 3. In any action under this section the prevailing party is entitled to recover from the losing party all costs incurred, including reasonable attorney’s fees. (Added to NRS by 1975, 1282; A 1987, 2200)—(Substituted in revision for NRS 598.680) Automotive Repairs NRS 597.480 Definitions. As used in NRS 597.480 to 597.590, inclusive, unless the context otherwise requires: 1. “Garage” has the meaning ascribed to it in NRS 487.540. 2. “Garageman” has the meaning ascribed to it in NRS 487.545. 3. “Motor vehicle” means: (a) A motorcycle as defined in NRS 482.070; (b) A motortruck as defined in NRS 482.073 if the gross weight of the vehicle does not exceed 10,000 pounds; (c) A passenger car as defined in NRS 482.087; (d) A mini motor home as defined in NRS 482.066; (e) A motor home as defined in NRS 482.071; and (f) A recreational vehicle as defined in NRS 482.101. 4. “Person authorizing repairs” means a person who uses the services of a garage. The term includes an insurance company, its agents or representatives, authorizing repairs to motor vehicles under a policy of insurance. (Added to NRS by 1975, 637; A 1985, 531; 1989, 1606; 1997, 1374) NRS 597.490 Display of sign required; contents of sign; penalty. 1. Each garageman shall display conspicuously in those areas of his place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following: STATE OF NEVADA REGISTERED GARAGE THIS GARAGE IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS AS A CUSTOMER IN NEVADA: YOU have the right to receive repairs from a business that is REGISTERED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (NRS 597.490) YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (NRS 597.510) YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 597.490) YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 597.550) YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 597.5

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