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6. You are required to use BBB AUTO LINE before asserting in court any rights or
remedies conferred by California Civil Code Section 1793.22. You are also required to
use BBB AUTO LINE before exerci sing rights or seeking remedies created by Title I of
the Magnuson-Moss Warranty Act, 15 U.S.C. sec. 2301 et seq. If you choose to seek
redress by pursuing rights and remedies not created by California Civil Code Section
1793.22 or Title I of the Magnuson-Moss Warranty Act, resort to BBB AUTO LINE is
not required by those statutes.
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:
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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
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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
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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 Informationand ReportingSafety Defects
Customer Assistance
9-5
MX-5_8DG6-EA-13F_Edition1 Page397
Thursday, May 30 2013 10:52 AM
Form No.8DG6-EA-13F