44-1354. Assistive device dealers; lessors;
notice
At the time the consumer takes possession of the assistive device, the assistive
device dealer or assistive device lessor shall give the consumer the following written
notice in fourteen point bold-faced type:
By law the manufacturer is deemed to have provided to you, the purchaser of an
assistive device, a one year warranty that begins on the date of the initial
delivery to you. This warranty provides that the assistive device will be
free from any defect, malfunction or condition that substantially impairs its
use, safety or value.
To ensure that you receive the benefits of this warranty, within one year
after the initial delivery to you of the assistive device, you must report any
problem with the assistive device to the manufacturer, authorized assistive
device dealer or assistive device lessor and make the assistive device
available for repair by the manufacturer, authorized assistive device dealer
or assistive device lessor.
During the warranty period, if any defect, malfunction or condition cannot be
repaired after two attempts or if your assistive device is out of service for
at least thirty days for repair of any defect, malfunction or condition that
substantially impairs the use, safety or value of the assistive device, you
are entitled to either a comparable new assistive device or a refund of the
full purchase price plus any finance charge and collateral cost minus a
reasonable allowance for use. If you are leasing an assistive device you are
entitled to either a comparable assistive device or a refund of the amount
paid under the written lease plus all collateral costs minus a reasonable
allowance for use.
The warranty provided to you by law does not cover any defect, malfunction or
condition that results from an accident involving the assistive device or from
neglect, modification or alteration of the assistive device by any person
other than the manufacturer or the manufacturer's agent or distributor or an
authorized assistive device dealer or assistive device lessor and the warranty
relieves the manufacturer of liability for repairs in these instances.
A manufacturer may refuse to replace an assistive device or may refuse to
refund the purchase price if the problem does not substantially impair the
use, safety or value of your assistive device.
A contract or agreement for the sale or lease of an assistive device cannot
void any of these rights.
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