407.950. 1. As used in sections 407.950 to 407.970, the followingterms mean:
(1) "Assistive device", 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, manualwheelchairs, motorized wheelchairs, motorized scooters, and other aidsthat enhance the mobility of an individual; hearing aid, telephonecommunication devices for the deaf (TDD), assistive listening devices, andother aids that enhance an individual's ability to hear; voice-synthesizedcomputer modules, optical scanners, talking software, Braille printers, andother devices that enhance a sight impaired individual's ability tocommunicate; and any other assistive device that enables a person with adisability to communicate, see, hear, or maneuver;
(2) "Assistive device dealer", a person who is in the business ofselling assistive devices;
(3) "Assistive device lessor", a person who leases an assistivedevice to a consumer, or who holds the lessor's rights, under a writtenlease;
(4) "Collateral costs", expenses incurred by a consumer in connectionwith the repair of a nonconformity, including the costs of obtaining analternative assistive device;
(5) "Consumer", any of the following:
(a) The purchaser of an assistive device, if the assistive device waspurchased from an assistive device dealer or manufacturer for purposesother than resale;
(b) A person to whom the assistive device is transferred for purposesother than resale, if the transfer occurs before the expiration of anexpress warranty applicable to the assistive device;
(c) A person who may enforce the warranty;
(d) A person who leases an assistive device from an assistive devicelessor under a written lease;
(6) "Demonstrator", an assistive device used primarily for thepurpose of demonstration to the public;
(7) "Early termination cost", any expense or obligation that anassistive device lessor incurs as a result of both the termination of awritten lease before the termination date set forth in that lease and thereturn of an assistive device to a manufacturer pursuant to sections407.950 to 407.970. Early termination cost includes a penalty forprepayment under a finance arrangement;
(8) "Early termination saving", any expense or obligation that anassistive device lessor avoids as a result of both the termination of awritten lease before that termination date set forth in that lease and thereturn of an assistive device to a manufacturer pursuant to sections407.950 to 407.970. Early termination saving includes an interest chargethat the assistive device lessor would have paid to finance the assistivedevice or, if the assistive device lessor does not finance the assistivedevice, the difference between the total amount for which the leaseobligates the consumer during the period of the lease term remaining afterthe early termination and the present value of that amount at the date ofthe early termination;
(9) "Manufacturer", 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;
(10) "Nonconformity", a condition or defect that substantiallyimpairs the use, value or safety of an assistive device, and that iscovered by an express warranty applicable to the assistive device or to acomponent of the assistive device, but does not include:
(a) A condition of the device that is the result of abuse, neglect orunauthorized modification or alteration of the assistive device by aconsumer; or
(b) A condition of the device that is the result of normal use whichmay be resolved through a fitting adjustment, preventative maintenance orproper care;
(11) "Reasonable attempt to repair", within the terms of an expresswarranty applicable to a new assistive device:
(a) Any nonconformity within the warranty that is either subject torepair by the manufacturer, assistive device lessor or any of themanufacturer's authorized assistive device dealers, for at least four timesand a nonconformity continues; or
(b) The assistive device is out of service with no comparable loaneravailable for an aggregate of at least thirty cumulative days because ofwarranty nonconformity.
407.950. 1. As used in sections 407.950 to 407.970, the followingterms mean:
(1) "Assistive device", 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, manualwheelchairs, motorized wheelchairs, motorized scooters, and other aidsthat enhance the mobility of an individual; hearing aid, telephonecommunication devices for the deaf (TDD), assistive listening devices, andother aids that enhance an individual's ability to hear; voice-synthesizedcomputer modules, optical scanners, talking software, Braille printers, andother devices that enhance a sight impaired individual's ability tocommunicate; and any other assistive device that enables a person with adisability to communicate, see, hear, or maneuver;
(2) "Assistive device dealer", a person who is in the business ofselling assistive devices;
(3) "Assistive device lessor", a person who leases an assistivedevice to a consumer, or who holds the lessor's rights, under a writtenlease;
(4) "Collateral costs", expenses incurred by a consumer in connectionwith the repair of a nonconformity, including the costs of obtaining analternative assistive device;
(5) "Consumer", any of the following:
(a) The purchaser of an assistive device, if the assistive device waspurchased from an assistive device dealer or manufacturer for purposesother than resale;
(b) A person to whom the assistive device is transferred for purposesother than resale, if the transfer occurs before the expiration of anexpress warranty applicable to the assistive device;
(c) A person who may enforce the warranty;
(d) A person who leases an assistive device from an assistive devicelessor under a written lease;
(6) "Demonstrator", an assistive device used primarily for thepurpose of demonstration to the public;
(7) "Early termination cost", any expense or obligation that anassistive device lessor incurs as a result of both the termination of awritten lease before the termination date set forth in that lease and thereturn of an assistive device to a manufacturer pursuant to sections407.950 to 407.970. Early termination cost includes a penalty forprepayment under a finance arrangement;
(8) "Early termination saving", any expense or obligation that anassistive device lessor avoids as a result of both the termination of awritten lease before that termination date set forth in that lease and thereturn of an assistive device to a manufacturer pursuant to sections407.950 to 407.970. Early termination saving includes an interest chargethat the assistive device lessor would have paid to finance the assistivedevice or, if the assistive device lessor does not finance the assistivedevice, the difference between the total amount for which the leaseobligates the consumer during the period of the lease term remaining afterthe early termination and the present value of that amount at the date ofthe early termination;
(9) "Manufacturer", 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;
(10) "Nonconformity", a condition or defect that substantiallyimpairs the use, value or safety of an assistive device, and that iscovered by an express warranty applicable to the assistive device or to acomponent of the assistive device, but does not include:
(a) A condition of the device that is the result of abuse, neglect orunauthorized modification or alteration of the assistive device by aconsumer; or
(b) A condition of the device that is the result of normal use whichmay be resolved through a fitting adjustment, preventative maintenance orproper care;
(11) "Reasonable attempt to repair", within the terms of an expresswarranty applicable to a new assistive device:
(a) Any nonconformity within the warranty that is either subject torepair by the manufacturer, assistive device lessor or any of themanufacturer's authorized assistive device dealers, for at least four timesand a nonconformity continues; or
(b) The assistive device is out of service with no comparable loaneravailable for an aggregate of at least thirty cumulative days because ofwarranty nonconformity.
407.950. 1. As used in sections 407.950 to 407.970, the followingterms mean:
(1) "Assistive device", 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, manualwheelchairs, motorized wheelchairs, motorized scooters, and other aidsthat enhance the mobility of an individual; hearing aid, telephonecommunication devices for the deaf (TDD), assistive listening devices, andother aids that enhance an individual's ability to hear; voice-synthesizedcomputer modules, optical scanners, talking software, Braille printers, andother devices that enhance a sight impaired individual's ability tocommunicate; and any other assistive device that enables a person with adisability to communicate, see, hear, or maneuver;
(2) "Assistive device dealer", a person who is in the business ofselling assistive devices;
(3) "Assistive device lessor", a person who leases an assistivedevice to a consumer, or who holds the lessor's rights, under a writtenlease;
(4) "Collateral costs", expenses incurred by a consumer in connectionwith the repair of a nonconformity, including the costs of obtaining analternative assistive device;
(5) "Consumer", any of the following:
(a) The purchaser of an assistive device, if the assistive device waspurchased from an assistive device dealer or manufacturer for purposesother than resale;
(b) A person to whom the assistive device is transferred for purposesother than resale, if the transfer occurs before the expiration of anexpress warranty applicable to the assistive device;
(c) A person who may enforce the warranty;
(d) A person who leases an assistive device from an assistive devicelessor under a written lease;
(6) "Demonstrator", an assistive device used primarily for thepurpose of demonstration to the public;
(7) "Early termination cost", any expense or obligation that anassistive device lessor incurs as a result of both the termination of awritten lease before the termination date set forth in that lease and thereturn of an assistive device to a manufacturer pursuant to sections407.950 to 407.970. Early termination cost includes a penalty forprepayment under a finance arrangement;
(8) "Early termination saving", any expense or obligation that anassistive device lessor avoids as a result of both the termination of awritten lease before that termination date set forth in that lease and thereturn of an assistive device to a manufacturer pursuant to sections407.950 to 407.970. Early termination saving includes an interest chargethat the assistive device lessor would have paid to finance the assistivedevice or, if the assistive device lessor does not finance the assistivedevice, the difference between the total amount for which the leaseobligates the consumer during the period of the lease term remaining afterthe early termination and the present value of that amount at the date ofthe early termination;
(9) "Manufacturer", 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;
(10) "Nonconformity", a condition or defect that substantiallyimpairs the use, value or safety of an assistive device, and that iscovered by an express warranty applicable to the assistive device or to acomponent of the assistive device, but does not include:
(a) A condition of the device that is the result of abuse, neglect orunauthorized modification or alteration of the assistive device by aconsumer; or
(b) A condition of the device that is the result of normal use whichmay be resolved through a fitting adjustment, preventative maintenance orproper care;
(11) "Reasonable attempt to repair", within the terms of an expresswarranty applicable to a new assistive device:
(a) Any nonconformity within the warranty that is either subject torepair by the manufacturer, assistive device lessor or any of themanufacturer's authorized assistive device dealers, for at least four timesand a nonconformity continues; or
(b) The assistive device is out of service with no comparable loaneravailable for an aggregate of at least thirty cumulative days because ofwarranty nonconformity.
