CHAPTER 20. ASSISTIVE DEVICE WARRANTIES
IC 24-5-20
Chapter 20. Assistive Device Warranties
IC 24-5-20-1
Applicability of chapter
Sec. 1. This chapter does not apply to assistive devices purchasedby, leased by, or transferred to a consumer before July 1, 1999.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-2
"Assistive device" defined
Sec. 2. As used in this chapter, "assistive device" means any newdevice, including a demonstrator, that a consumer purchases oraccepts transfer of in Indiana that is used for a major life activity.The term includes the following devices:
(1) Manual wheelchairs, motorized wheelchairs, motorizedscooters, and other aids that enhance the mobility of anindividual.
(2) Hearing aids, telephone communication devices for the deaf(TTD, TTY), assistive listening devices, visual and audiblesignal systems, and other aids that enhance an individual'sability to hear.
(3) Voice synthesized computer modules, optical scanners,talking software, braille printers, and other devices that enhancea sight impaired individual's ability to communicate.
(4) Any other device that enables an individual with a disabilityto communicate, see, hear, or maneuver.
The term does not include surgical implants, dental and ocularprostheses, batteries, tires, or nonfunctional accessories.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-3
"Collateral costs" defined
Sec. 3. As used in this chapter, "collateral costs" means expensesincurred by a consumer in connection with the repair of anonconformity, including the reasonable costs of obtaining analternative assistive device. The term does not include the cost of analternative assistive device.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-4
"Consumer" defined
Sec. 4. As used in this chapter, "consumer" means any of thefollowing:
(1) An individual who is a person with a disability as defined inthe federal Americans With Disabilities Act (42 U.S.C.12101(2)) or the individual's legal representative:
(A) who has purchased an assistive device from an assistivedevice dealer or manufacturer for purposes other than resale;
(B) to whom the assistive device is transferred for purposes
other than resale, if the transfer occurs before the expirationof any warranty established by this chapter; or
(C) who leases a new assistive device from an assistivedevice lessor under a written lease.
(2) A person that purchases or leases an assistive device usingstate or federal funds for the use of an individual with adisability.
(3) An insurer or self-insurer that purchases or leases anassistive device for the use of an individual with a disability.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-5
"Dealer" defined
Sec. 5. As used in this chapter, "dealer" means a person who is inthe business of selling or dispensing assistive devices.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-6
"Demonstrator" defined
Sec. 6. As used in this chapter, "demonstrator" means an assistivedevice used primarily for the purpose of demonstration to the publicor loan to a consumer.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-7
"Manufacturer" defined
Sec. 7. As used in this chapter, "manufacturer" means a personthat manufactures or assembles assistive devices. The term includesthe agents of that person, an importer, a factory branch, and anywarrantors of the person's assistive device. The term does not includea professional who fabricates, without charge, a device for use in thecourse of treatment.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-8
"Nonconformity" defined
Sec. 8. (a) As used in this chapter, "nonconformity" means acondition or defect that significantly impairs the use, value, function,or safety of an assistive device or any of its components.
(b) The term does not include a condition or defect of the assistivedevice that:
(1) is the result of:
(A) abuse, misuse, or neglect by a consumer;
(B) modifications or alterations not authorized by themanufacturer;
(C) normal wear, including accumulation of ear wax,perspiration, or moisture;
(D) normal use that may be resolved through a fittingadjustment, routine maintenance, preventative maintenance,or proper care; or (E) a consumer's failure to follow any manufacturer's writtenservice and maintenance guidelines furnished at the time ofpurchase; or
(2) indicates the need for:
(A) routine adjustment, modification, or upgrade; or
(B) an adjustment:
(i) due to an exacerbation in the condition of the individualwith a disability; or
(ii) to improve the fit of the assistive device.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-9
Reasonable attempt to repair
Sec. 9. For purposes of this chapter, a "reasonable attempt torepair" has occurred if, within one (1) year after the date of firstdelivery of the assistive device, either of the following applies:
(1) The same nonconformity has been subject to repair two (2)or more times by the manufacturer, assistive device lessor, orany assistive device dealer authorized by the manufacturer torepair the assistive device, and the nonconformity continues toexist and interfere with the assistive device's operation.
(2) The assistive device is out of service because ofnonconformities, with no fungible loaner available, for acumulative total of at least thirty (30) business days (notincluding any necessary time in shipment), due to repair by themanufacturer, assistive device lessor, or any assistive devicedealer authorized by the manufacturer to repair the assistivedevice. For purposes of this subdivision a loaner hearing aid isconsidered fungible with the consumer's hearing aid if theloaner hearing aid improves the consumer's hearing. Thissubdivision does not apply if the repairs could not be performedbecause of conditions beyond the control of the manufacturer,its agents, or authorized dealers, including war, invasion, strike,fire, flood, or other natural disasters.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-10
Implied warranties regarding nonconformity
Sec. 10. Notwithstanding any other law, in addition to any expresswarranty furnished by the manufacturer of an assistive device, themanufacturer is also considered to have warranted both of thefollowing for a period of one (1) year from the date of first deliveryto the consumer purchasing or leasing the assistive device in Indiana:
(1) That the assistive device, when used as intended, will befree from any nonconformity.
(2) That any nonconformity will be repaired (including partsand labor) by the manufacturer or its agent, without charge tothe consumer.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-11
Return of nonconforming assistive device
Sec. 11. If, after reasonable attempt to repair, a nonconformity isnot repaired, the consumer must return the assistive device to thedealer and the manufacturer shall do either of the following:
(1) Do both of the following:
(A) Accept return of the nonconforming assistive device.
(B) Not later than fourteen (14) days after return of theassistive device, refund to the consumer or consumers:
(i) the full purchase price of the assistive device, excludingthe cost of services associated with the device's initialpurchase, together with reasonable collateral costs, less areasonable allowance for use; or
(ii) if the device was leased, all lease payments madethrough the date of return together with a proportionalshare of any required deposit.
A refund of the amounts described in this clause to aconsumer or consumers shall be made to the extent of eachconsumer's bearing the initial purchase or lease cost andbearing of any collateral costs.
(2) Accept return of the nonconforming assistive device andreplace the nonconforming assistive device with one (1) ofcomparable market value, function, and usefulness asappropriate to the consumer within thirty (30) business days ofthe return, not including, in the case of a hearing aid, schedulingtime for professional fitting and dispensing.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-12
Resale of nonconforming assistive devices prohibited
Sec. 12. An assistive device returned due to a nonconformityunder this chapter by a consumer or an assistive device lessor inIndiana or any other state may not be sold or leased again in Indianaunless full disclosure of the reason for the return is made to anyprospective buyer or lessee.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-13
Remedies
Sec. 13. (a) The remedies afforded by this chapter are:
(1) cumulative;
(2) not exclusive; and
(3) in addition to any other legal or equitable remedies availableto the consumer.
(b) In addition to any other remedies available, a consumer whosuffers loss as a result of any violation of this chapter may:
(1) bring an action to recover damages; or
(2) submit the matter to arbitration under IC 34-57-2.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-14
Limitation of warranties and waiver of rights prohibited
Sec. 14. (a) A manufacturer's exclusion or limitation of thewarranties or consumer remedies provided by this chapter is void.
(b) A purported waiver of rights to legal action or arbitration bya consumer within an assistive device purchase agreement is void.
As added by P.L.85-1999, SEC.1.