Customer Assistance; Customer Information and Reporting Safety Defects; NOTICE TO Mazda AS REQUIRED ABOVE SHALL BE SENT TO THE - Page 459

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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 fi rst, one or more of the following 
occurs:

y

 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 notifi ed Mazda of the need for the repair of the nonconformity; OR

y

 The same nonconformity has been subject to repair 4 or more times by Mazda 

or its agents

AND

  the buyer has notifi ed Mazda of the need for the repair of the 

nonconformity; OR

y

 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 
fi ndings 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.