(a) "Assistive device" means any device, including a demonstrator, that aconsumer purchases or accepts transfer of in this state which is used for amajor life activity which includes, but is not limited to, manual wheelchairs,motorized wheelchairs, motorized scooters and other aides that enhance themobility of an individual; hearing aide, telephone communication devices forthe deaf (TTY), assistive listening devices and other aides that enhance anindividual's ability to hear; voice synthesized computer modules, opticalscanners, talking software, braille printers and other devices that enhance asight impaired individual's ability to communicate; and any other assistivedevice that enables a person with a disability to communicate, see, hear ormaneuver.
(b) "Assistive device dealer" means a person who is in the business ofselling assistive devices.
(c) "Assistive device lessor" means a person who leases an assistive deviceto a consumer, or who holds the lessor's rights, under a written lease.
(d) "Collateral costs" means expenses incurred by a consumer in connectionwith the repair of a nonconformity, including the costs of obtaining analternative assistive device.
(e) "Consumer" means any of the following:
(1) The purchaser of an assistive device, if the assistive device waspurchased from an assistive device dealer or manufacturer for purposes otherthan resale;
(2) a person to whom the assistive device is transferred for purposes otherthan resale, if the transfer occurs before the expiration of an expresswarranty applicable to the assistive device;
(3) a person who may enforce the warranty;
(4) a person who leases an assistive device from an assistive device lessorunder a written lease.
(f) "Demonstrator" means an assistive device used primarily for the purposeof demonstration to the public.
(g) "Early termination cost" means any expense or obligation that anassistive device lessor incurs as a result of both the termination of a writtenlease before the termination date set forth in that lease and the return of anassistive device to a manufacturer pursuant to this section. Early terminationcost includes a penalty for prepayment under a finance arrangement.
(h) "Early termination saving" means any expense or obligation that anassistive device lessor avoids as a result of both the termination of awrittenlease before that termination date set forth in that lease and the return of anassistive device to a manufacturer pursuant to this section. Early terminationsaving includes an interest charge that the assistive device lessor would havepaid to finance the assistive device or, if the assistive device lessor doesnot finance the assistive device, the difference between the total amount forwhich the lease obligates the consumer during the period of the lease termremaining after the early termination and the present value of that amount atthe date of the early termination.
(i) "Manufacturer" means a person who manufactures or assembles assistivedevices and agents of that person, including an importer, a distributor,factory branch, distributor branch and any warrantors of the manufacturer'sassistive device, but does not include an assistive device dealer.
(j) "Nonconformity" means a condition or defect that substantially impairsthe use, value or safety of an assistive device, and that is covered by anexpress warranty applicable to the assistive device or to a component of theassistive device, but does not include a condition or defect that is the resultofabuse, neglect or unauthorized modification or alteration of the assistivedevice by a consumer.
(k) "Reasonable attempt to repair" means within the terms of an expresswarranty applicable to a new assistive device:
(1) Any nonconformity within the warranty that is either subject to repairby the manufacturer, assistive device lessor or any of the manufacturer'sauthorized assistive device dealers, for at least four times and anonconformity continues;
(2) the assistive device is out of service for an aggregate of at least 30cumulative days because of warranty nonconformity.
(a) "Assistive device" means any device, including a demonstrator, that aconsumer purchases or accepts transfer of in this state which is used for amajor life activity which includes, but is not limited to, manual wheelchairs,motorized wheelchairs, motorized scooters and other aides that enhance themobility of an individual; hearing aide, telephone communication devices forthe deaf (TTY), assistive listening devices and other aides that enhance anindividual's ability to hear; voice synthesized computer modules, opticalscanners, talking software, braille printers and other devices that enhance asight impaired individual's ability to communicate; and any other assistivedevice that enables a person with a disability to communicate, see, hear ormaneuver.
(b) "Assistive device dealer" means a person who is in the business ofselling assistive devices.
(c) "Assistive device lessor" means a person who leases an assistive deviceto a consumer, or who holds the lessor's rights, under a written lease.
(d) "Collateral costs" means expenses incurred by a consumer in connectionwith the repair of a nonconformity, including the costs of obtaining analternative assistive device.
(e) "Consumer" means any of the following:
(1) The purchaser of an assistive device, if the assistive device waspurchased from an assistive device dealer or manufacturer for purposes otherthan resale;
(2) a person to whom the assistive device is transferred for purposes otherthan resale, if the transfer occurs before the expiration of an expresswarranty applicable to the assistive device;
(3) a person who may enforce the warranty;
(4) a person who leases an assistive device from an assistive device lessorunder a written lease.
(f) "Demonstrator" means an assistive device used primarily for the purposeof demonstration to the public.
(g) "Early termination cost" means any expense or obligation that anassistive device lessor incurs as a result of both the termination of a writtenlease before the termination date set forth in that lease and the return of anassistive device to a manufacturer pursuant to this section. Early terminationcost includes a penalty for prepayment under a finance arrangement.
(h) "Early termination saving" means any expense or obligation that anassistive device lessor avoids as a result of both the termination of awrittenlease before that termination date set forth in that lease and the return of anassistive device to a manufacturer pursuant to this section. Early terminationsaving includes an interest charge that the assistive device lessor would havepaid to finance the assistive device or, if the assistive device lessor doesnot finance the assistive device, the difference between the total amount forwhich the lease obligates the consumer during the period of the lease termremaining after the early termination and the present value of that amount atthe date of the early termination.
(i) "Manufacturer" means a person who manufactures or assembles assistivedevices and agents of that person, including an importer, a distributor,factory branch, distributor branch and any warrantors of the manufacturer'sassistive device, but does not include an assistive device dealer.
(j) "Nonconformity" means a condition or defect that substantially impairsthe use, value or safety of an assistive device, and that is covered by anexpress warranty applicable to the assistive device or to a component of theassistive device, but does not include a condition or defect that is the resultofabuse, neglect or unauthorized modification or alteration of the assistivedevice by a consumer.
(k) "Reasonable attempt to repair" means within the terms of an expresswarranty applicable to a new assistive device:
(1) Any nonconformity within the warranty that is either subject to repairby the manufacturer, assistive device lessor or any of the manufacturer'sauthorized assistive device dealers, for at least four times and anonconformity continues;
(2) the assistive device is out of service for an aggregate of at least 30cumulative days because of warranty nonconformity.
(a) "Assistive device" means any device, including a demonstrator, that aconsumer purchases or accepts transfer of in this state which is used for amajor life activity which includes, but is not limited to, manual wheelchairs,motorized wheelchairs, motorized scooters and other aides that enhance themobility of an individual; hearing aide, telephone communication devices forthe deaf (TTY), assistive listening devices and other aides that enhance anindividual's ability to hear; voice synthesized computer modules, opticalscanners, talking software, braille printers and other devices that enhance asight impaired individual's ability to communicate; and any other assistivedevice that enables a person with a disability to communicate, see, hear ormaneuver.
(b) "Assistive device dealer" means a person who is in the business ofselling assistive devices.
(c) "Assistive device lessor" means a person who leases an assistive deviceto a consumer, or who holds the lessor's rights, under a written lease.
(d) "Collateral costs" means expenses incurred by a consumer in connectionwith the repair of a nonconformity, including the costs of obtaining analternative assistive device.
(e) "Consumer" means any of the following:
(1) The purchaser of an assistive device, if the assistive device waspurchased from an assistive device dealer or manufacturer for purposes otherthan resale;
(2) a person to whom the assistive device is transferred for purposes otherthan resale, if the transfer occurs before the expiration of an expresswarranty applicable to the assistive device;
(3) a person who may enforce the warranty;
(4) a person who leases an assistive device from an assistive device lessorunder a written lease.
(f) "Demonstrator" means an assistive device used primarily for the purposeof demonstration to the public.
(g) "Early termination cost" means any expense or obligation that anassistive device lessor incurs as a result of both the termination of a writtenlease before the termination date set forth in that lease and the return of anassistive device to a manufacturer pursuant to this section. Early terminationcost includes a penalty for prepayment under a finance arrangement.
(h) "Early termination saving" means any expense or obligation that anassistive device lessor avoids as a result of both the termination of awrittenlease before that termination date set forth in that lease and the return of anassistive device to a manufacturer pursuant to this section. Early terminationsaving includes an interest charge that the assistive device lessor would havepaid to finance the assistive device or, if the assistive device lessor doesnot finance the assistive device, the difference between the total amount forwhich the lease obligates the consumer during the period of the lease termremaining after the early termination and the present value of that amount atthe date of the early termination.
(i) "Manufacturer" means a person who manufactures or assembles assistivedevices and agents of that person, including an importer, a distributor,factory branch, distributor branch and any warrantors of the manufacturer'sassistive device, but does not include an assistive device dealer.
(j) "Nonconformity" means a condition or defect that substantially impairsthe use, value or safety of an assistive device, and that is covered by anexpress warranty applicable to the assistive device or to a component of theassistive device, but does not include a condition or defect that is the resultofabuse, neglect or unauthorized modification or alteration of the assistivedevice by a consumer.
(k) "Reasonable attempt to repair" means within the terms of an expresswarranty applicable to a new assistive device:
(1) Any nonconformity within the warranty that is either subject to repairby the manufacturer, assistive device lessor or any of the manufacturer'sauthorized assistive device dealers, for at least four times and anonconformity continues;
(2) the assistive device is out of service for an aggregate of at least 30cumulative days because of warranty nonconformity.
