7. California Civil Code Section 1793.2(d) requires that, if MAZDA or
its representative is unable to repair a new motor vehicle to conform
to the vehicle’s applicable express warranty after a reasonable
number of attempts, MAZDA may be required to replace or
repurchase the vehicle. California Civil Code Section 1793.22(b)
creates a presumption that MAZDA has had a reasonable number of
attempts to conform the vehicle to its applicable express warranties
if, within 18 months from delivery to the buyer or 18,000 miles on
the vehicle’s odometer, whichever occurs first, one or more of the
following occurs:
•
The same nonconformity [a failure to conform to the written warranty
that substantially impairs the use, value or safety of the vehicle]
results in a condition that is likely to cause death or serious bodily
injury if the vehicle is driven AND the nonconformity has been subject
to repair two or more times by MAZDA or its agents AND the buyer or
lessee has directly notified MAZDA of the need for the repair of the
nonconformity; OR
•
The same nonconformity has been subject to repair 4 or more times
by MAZDA or its agents AND the buyer has notified MAZDA of the
need for the repair of the nonconformity; OR
•
The vehicle is out of service by reason of repair of nonconformities by
MAZDA or its agents for a cumulative total of more than 30 calendar
days after delivery of the vehicle to the buyer.
NOTICE TO MAZDA AS REQUIRED ABOVE SHALL BE SENT TO
THE FOLLOWING ADDRESS:
Mazda North American Operations
7755 Irvine Center Drive
Irvine, CA 92618
ATTN: Customer Mediation
8. The following remedies may be sought in BBB AUTO LINE: repairs,
reimbursement for money paid to repair a vehicle or other expenses
incurred as result of a vehicle nonconformity, repurchase or
replacement of your vehicle, and compensation for damages and
remedies available under MAZDA’S written warranty or applicable
law.
9. The following remedies may not be sought in BBB AUTO LINE:
punitive or multiple damages, attorneys’ fees, or consequential
damages other than as provided in California Civil Code
Section 1794(a) and (b).
Customer Assistance
251
REVIEW COPY ——
2010 Tribute
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, Owners Guide
(own2002)
, 1st Printing,
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