597.950 - Unsolicited merchandise deemed unconditional gift to recipient; liability of sender; exceptions.
597.950 Unsolicited merchandise deemed unconditional gift to recipient; liability of sender; exceptions.
1. Any person who receives unsolicited goods, wares or merchandise offered for sale, but not actually ordered or requested by him or her orally or in writing, is entitled to consider those goods, wares or merchandise an unconditional gift, and may use or dispose of them as he or she sees fit without obligation on his or her part to the sender.
2. The sender of unsolicited goods, wares or merchandise must pay actual and reasonable expenses incurred by the recipient:
(a) In returning the goods, wares or merchandise to the sender; or
(b) In resisting attempts by the sender to collect payment for the goods, wares or merchandise.
3. The sender of unsolicited goods, wares or merchandise is liable to the recipient for any impairment of the credit of the recipient caused by attempts by the sender to collect payment for the goods, wares or merchandise.
4. The provisions of subsections 1, 2 and 3 do not apply to the following:
(a) Where delivery of goods, wares or merchandise is by mistake in response to an order to the sender for other goods, wares or merchandise.
(b) Where delivery is made by mistake to someone other than a person who ordered goods, wares or merchandise from the sender.
(c) Where the sender has sent a substitute or substitutes in response to an order for certain goods, wares or merchandise.
(d) Where someone has ordered a gift for another from the sender, and the goods, wares or merchandise were sent directly to the recipient of the gift.
(e) Where delivery of goods, wares or merchandise is made by mistake to a member of a subscription-type plan (such as a book club or record club) operated by the sender.
(Added to NRS by 1971, 383; A 1979, 188)—(Substituted in revision for NRS 598.090)