44-1352

44-1352. New assistive device; nonconformity;
reasonable attempt to make a repair; reasonable allowance;
options

A. Except as provided in subsection B of this section, a manufacturer who sells an
assistive device to a consumer, directly or through an assistive device dealer, shall
give the consumer an express warranty against defects, malfunctions or conditions for the
assistive device. The duration of the express warranty shall be for at least one year
after the initial delivery of the assistive device to the consumer.

B. In the absence of an express warranty from the manufacturer, the manufacturer is
deemed to have expressly warranted to the consumer that the assistive device will be free
from any defect, malfunction or condition that substantially impairs the use, safety or
value of the assistive device. The duration of the express warranty shall be for at
least one year after the initial delivery of the assistive device to the consumer.

C. During the period of the express warranty, if a new assistive device does not
conform to the express warranty and the consumer reports the nonconformity to the
manufacturer, the manufacturer's authorized assistive device dealers or the assistive
device lessor and makes the assistive device available for repair, the nonconformity
shall be repaired at no charge to the consumer.

D. If the nonconformity is not repaired after a reasonable attempt to make a
repair, a consumer, as defined in section 44-1351, paragraph 5, subdivision (a), (b) or
(c), may direct the manufacturer to perform one of the following options and the
manufacturer shall comply with the option chosen by the consumer:

1. Accept return of the assistive device and replace the assistive device with a
comparable new assistive device and refund any collateral costs to the consumer and
assistive device lessor.

2. Accept return of the assistive device and refund to the consumer and to any
holder of a perfected security interest in the assistive device the full purchase price
plus any finance charge paid by the consumer at the point of sale and collateral costs
minus a reasonable allowance for use. A reasonable allowance for use shall not exceed
the amount obtained by multiplying the full purchase price of the assistive device by a
fraction, the numerator of which is the number of days that the assistive device was used
before the consumer first reported the nonconformity to the assistive device dealer and
the denominator of which is one thousand eight hundred twenty-five.

E. If the nonconformity is not repaired after a reasonable attempt to make a
repair, a consumer, as defined in section 44-1351, paragraph 5, subdivision (d), may
direct the manufacturer to perform one of the following options and the manufacturer
shall comply with the option chosen by the consumer:

1. Accept return of the assistive device, replace the assistive device with a
comparable new assistive device and refund any collateral cost to the consumer and
assistive device dealer.

2. Refund to the assistive device lessor and to any holder of a perfected security
interest in the assistive device the current value of the written lease and refund to the
consumer the amount that the consumer paid under the written lease plus all collateral
costs minus a reasonable allowance for use. A reasonable allowance for use shall not
exceed the amount obtained by multiplying the total amount for which the written lease
obligates the consumer by a fraction, the numerator of which is the number of days that
the assistive device was used before the consumer first reported the nonconformity to the
manufacturer, assistive device lessor or assistive device dealer and the denominator of
which is one thousand eight hundred twenty-five.