58-41-17 - Testing period for hearing aids. - Utah Statutes

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Statutes > Utah > Title-58 > Chapter-41 > 58-41-17

58-41-17. Testing period for hearing aids.
(1) As used in this section:
(a) "Hearing aid" means any wearable instrument or device designed or offered for thepurpose of aiding or compensating for impaired human hearing and any parts, attachments, oraccessories thereto.
(b) "Hearing aid" does not include any type of device which is surgically implanted in thecochlea or under the skin near the ear.
(2) Any person licensed under this chapter who sells a hearing aid to a consumer shallprovide a written receipt or written contract to the consumer. The written receipt or contractshall provide the consumer with a 30-day right to cancel the purchase if the consumer finds thatthe hearing aid does not function adequately for the consumer and to obtain a refund if theconsumer returns the hearing aid to the seller in the same condition, ordinary wear and tearexcluded, as when purchased. The written receipt or contract shall notify the consumer of the30-day right to cancel in at least 10 point type. The 30-day right to cancel shall commence fromeither the date the hearing aid is originally delivered to the consumer or the date the writtenreceipt or contract is delivered to the consumer, whichever is later. The 30-day period shall betolled for any period during which the hearing aid seller, dealer, or fitter has possession or controlof the hearing aid after its original delivery.
(3) Upon exercise of the 30-day right to cancel a hearing aid purchase, the seller of thehearing aid is entitled to a cancellation fee equal to the actual cost that will be incurred by theseller in order to return the hearing aid to the manufacturer, provided that the written receipt orcontract states the exact amount that will be retained by the seller as a cancellation fee.

Enacted by Chapter 249, 1998 General Session

State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-41 > 58-41-17

58-41-17. Testing period for hearing aids.
(1) As used in this section:
(a) "Hearing aid" means any wearable instrument or device designed or offered for thepurpose of aiding or compensating for impaired human hearing and any parts, attachments, oraccessories thereto.
(b) "Hearing aid" does not include any type of device which is surgically implanted in thecochlea or under the skin near the ear.
(2) Any person licensed under this chapter who sells a hearing aid to a consumer shallprovide a written receipt or written contract to the consumer. The written receipt or contractshall provide the consumer with a 30-day right to cancel the purchase if the consumer finds thatthe hearing aid does not function adequately for the consumer and to obtain a refund if theconsumer returns the hearing aid to the seller in the same condition, ordinary wear and tearexcluded, as when purchased. The written receipt or contract shall notify the consumer of the30-day right to cancel in at least 10 point type. The 30-day right to cancel shall commence fromeither the date the hearing aid is originally delivered to the consumer or the date the writtenreceipt or contract is delivered to the consumer, whichever is later. The 30-day period shall betolled for any period during which the hearing aid seller, dealer, or fitter has possession or controlof the hearing aid after its original delivery.
(3) Upon exercise of the 30-day right to cancel a hearing aid purchase, the seller of thehearing aid is entitled to a cancellation fee equal to the actual cost that will be incurred by theseller in order to return the hearing aid to the manufacturer, provided that the written receipt orcontract states the exact amount that will be retained by the seller as a cancellation fee.

Enacted by Chapter 249, 1998 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-41 > 58-41-17

58-41-17. Testing period for hearing aids.
(1) As used in this section:
(a) "Hearing aid" means any wearable instrument or device designed or offered for thepurpose of aiding or compensating for impaired human hearing and any parts, attachments, oraccessories thereto.
(b) "Hearing aid" does not include any type of device which is surgically implanted in thecochlea or under the skin near the ear.
(2) Any person licensed under this chapter who sells a hearing aid to a consumer shallprovide a written receipt or written contract to the consumer. The written receipt or contractshall provide the consumer with a 30-day right to cancel the purchase if the consumer finds thatthe hearing aid does not function adequately for the consumer and to obtain a refund if theconsumer returns the hearing aid to the seller in the same condition, ordinary wear and tearexcluded, as when purchased. The written receipt or contract shall notify the consumer of the30-day right to cancel in at least 10 point type. The 30-day right to cancel shall commence fromeither the date the hearing aid is originally delivered to the consumer or the date the writtenreceipt or contract is delivered to the consumer, whichever is later. The 30-day period shall betolled for any period during which the hearing aid seller, dealer, or fitter has possession or controlof the hearing aid after its original delivery.
(3) Upon exercise of the 30-day right to cancel a hearing aid purchase, the seller of thehearing aid is entitled to a cancellation fee equal to the actual cost that will be incurred by theseller in order to return the hearing aid to the manufacturer, provided that the written receipt orcontract states the exact amount that will be retained by the seller as a cancellation fee.

Enacted by Chapter 249, 1998 General Session