44-1353. Replacement of assistive device;
refund of monies; transfer of possession; limitations;
disclosure
A. A consumer, as defined in section 44-1351, paragraph 5, subdivision (a), (b) or
(c), shall notify the manufacturer of a nonconformity. Within thirty days after
receiving notification of a nonconformity, the manufacturer shall provide the consumer
with a comparable assistive device or a refund. After receiving the new assistive device
or refund, the consumer shall return to the manufacturer the assistive device that has
the nonconformity including any endorsements necessary to transfer physical possession to
the manufacturer.
B. A consumer, as defined in section 44-1351, paragraph 5, subdivision (d), shall
notify the assistive device lessor and manufacturer of a nonconformity. Within thirty
days after receiving notification of a nonconformity, the manufacturer shall provide the
consumer with a comparable assistive device or a refund. After receiving the refund or
comparable assistive device, the consumer shall return to the manufacturer the assistive
device that has the nonconformity.
C. An assistive device lessor shall offer to transfer possession to the
manufacturer of the assistive device that has the nonconformity. Within thirty days
after receiving the offer, the manufacturer shall provide the assistive device lessor
with a refund. After receiving the refund, the assistive device lessor shall provide the
manufacturer with any endorsements necessary to transfer legal possession to the
manufacturer.
D. A person shall not enforce the lease against the consumer after the consumer
receives a refund pursuant to this section.
E. An assistive device returned by a consumer or assistive device lessor in this
state or by a consumer or assistive device lessor in another state under a similar
provision shall not be sold or leased again in this state unless full written disclosure
of the reasons for the return is made to the prospective buyer or lessee.
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