State Codes and Statutes

Statutes > South-dakota > Title-37 > Chapter-31 > Statute-37-31-3

37-31-3. Repair of nonconforming devices--Reimbursement by manufacturer--Failure to repair. If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before one year after delivery of the assistive device to a consumer, the nonconformity shall be repaired as required by this chapter at no charge to the consumer. If the manufacturer has authorized the dealer or the lessor to make the repair, the dealer or lessor shall be reimbursed by the manufacturer for the dealer's or lessor's cost for the repair. If, after a reasonable attempt to repair the device, the nonconformity is not repaired, the manufacturer, at the direction of a consumer described under subsection 37-31-1(5)(a), (5)(b), or (5)(c), shall do one of the following:
(1) Accept return of the assistive device; replace the assistive device with a new assistive device of comparable quality, size, and function; and refund any collateral costs;
(2) Accept return of the assistive device and refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device or any third party who purchased the assistive device, as their interest may appear, the full purchase price plus any finance charge, sales tax, shipping costs, and collateral costs paid by the consumer at the point of sale, less a reasonable allowance for use. A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, the denominator of which is one thousand ninety-five and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer;
(3) If the assistive device is leased, accept return of the assistive device, refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device the current value of the written lease and refund to the consumer or third party the amount that the consumer or third party paid under the written lease, plus any collateral costs, less a reasonable allowance for use. The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the lessor's early termination savings. A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand ninety-five and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer, lessor, or manufacturer.

Source: SL 1996, ch 242, § 3.