2010 Mazda RX-8 Owner's Manual - Page 383

RX-8_8AT5-EA-09E_Edition1 Page383 Wednesday, April 15 2009 10:34 AM Black plate (383,1) Customer Information and Reporting Safety Defects Customer Assistance 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: l 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 l 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 l 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). 10. You may reject the decision issued by a BBB AUTO LINE arbitrator. If you reject the decision, you will be free to pursue further legal action. The arbitrator's decision and any findings will be admissible in a court action. 11. If you accept the arbitrator's decision, Mazda will be bound by the decision, and will comply with the decision within a reasonable time not to exceed 30 days after we receive notice of your acceptance of the decision. 12. Please call BBB AUTO LINE at 1-800-955-5100 for further details about the program. 9-5 Form No.8AT5-EA-09E