Original equipment manufacturer required to make available to independent repair provider or owner of equipment, on fair and reasonable terms, certain documentation, parts and tools

1. An original equipment manufacturer shall make available to any independent repair provider or owner of equipment manufactured by the original equipment manufacturer, on fair and reasonable terms, any documentation, parts and tools that are intended for use with the equipment or any part, including, without limitation, updates to embedded software, firmware or other documentation, parts and tools. The documentation, parts and tools described in this subsection must be made available to an independent repair provider or owner of equipment manufactured by the original equipment manufacturer, either: (a) Directly by the original equipment manufacturer; or (b) Indirectly, through an authorized repair provider or authorized third-party provider. 2. For the purposes of subsection 1, with respect to an original equipment manufacturer who has an arrangement with an authorized repair provider described in subsection 1 of NRS 597.2671: (a) Documentation is made available by the original equipment manufacturer on fair and reasonable terms if the documentation, including, without limitation, any relevant updates, is made available free of charge, except that, if the documentation is requested in physical printed form, a charge may be imposed for the reasonable, actual costs of preparing and sending the documentation. (b) A part is made available by the original equipment manufacturer on fair and reasonable terms if: (1) The part is made available at a cost and on terms that are equivalent to the most fair and reasonable costs and terms under which the original equipment manufacturer offers the part to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use or any other incentive or preference the original equipment manufacturer offers to an authorized repair provider; and (2) The availability of the part is not conditioned on and does not impose a substantial obligation to use or restrict the use of the part to diagnose, maintain or repair the equipment sold, leased or otherwise supplied by the original equipment manufacturer. (c) A tool is made available by the original equipment manufacturer on fair and reasonable terms if the tool is made available: (1) Without imposing impediments to access to or the use of the tools to diagnose, maintain or repair the equipment and enable full functionality of the equipment; (2) In a manner that does not impair the efficient and cost-effective performance of diagnosis, maintenance or repair of the equipment; and (3) Free of charge, except that, if the tool is requested in physical form, a charge may be imposed for the reasonable, actual costs of preparing and sending the tool. 3. For the purposes of subsection 1, with respect to an original equipment manufacturer who does not have an arrangement with an authorized repair provider described in subsection 1 of NRS 597.2671, documentation, a part or a tool is made available by the original equipment manufacturer on fair and reasonable terms if the documentation, part or a tool is made available at a price that reflects the actual cost incurred by the original equipment manufacturer to prepare and deliver the documentation, part or tool, not including any research or development costs.