"Assistive device dealer" means a person or company that is in the businessof selling assistive devices, including a manufacturer who sells assistivetechnology devices directly to consumers.
"Assistive device lessor" means a person or company that leases anassistive device to a consumer, or who holds the lessor's rights, under awritten lease.
"Assistive technology device," "assistive device," or "device" meansany new device, including a demonstrator, that a consumer purchases oraccepts transfer of in this Commonwealth which is used for a major lifeactivity or any other assistive device that enables a person with adisability to communicate, see, hear, or maneuver. These devices include (i)manual wheelchairs, motorized wheelchairs, motorized scooters, and other aidsthat enhance the mobility of an individual; (ii) hearing aids, telephonecommunication devices for the deaf (TTD/TTY), assistive listening devices,visual and audible signal systems, and other aides that enhance anindividual's ability to hear; and (iii) voice-synthesized computer modules,optical scanners, talking software, Braille printers, and other devices thatenhance a sight-impaired individual's ability to communicate.
"Authorized dealer" means any seller of an assistive device that (i) has,within a specified geographic area, an exclusive distribution arrangementwith any person or entity that manufacturers or assembles such device or (ii)is designated by the person or company that manufactures or assembles suchdevice to repair or accept for repair such device.
"Collateral costs" means expenses incurred by a consumer in connection withthe repair of a nonconformity, including the reasonable costs of obtaining analternative assistive device.
"Consumer" means:
1. A person with a disability as defined in the Americans With DisabilitiesAct, 42 U.S.C. § 12102 (2), or his legal representative, (i) who haspurchased an assistive device from an assistive device dealer or manufacturerfor purposes other than resale; (ii) to whom the assistive device istransferred for purposes other than resale, if the transfer occurs before theexpiration of any warranty established by this chapter; or (iii) who leases anew assistive device from an assistive device lessor under a written lease;
2. An entity which purchases or leases an assistive device using state orfederal funds for the use of a person with a disability; or
3. An insurer or self-insurer which purchases or leases an assistive devicefor the use of a person with a disability.
"Demonstrator" means an assistive device used primarily for the purpose ofdemonstration to the public.
"Manufacturer" means a person or company that manufactures or assemblesassistive devices and agents of that person or company, including anauthorized dealer, an importer, a distributor, factory branch, distributorbranch and any warrantors of the manufacturer's assistive device, but doesnot include a professional who fabricates, without charge, a device for usein the course of treatment.
"Nonconformity" means a condition or defect that significantly impairs theuse, value, function or safety of an assistive device or any of itscomponents, but does not include a condition or defect of the device that isthe result of (i) abuse, misuse or neglect by a consumer, (ii) modificationsor alterations not authorized by the manufacturer, (iii) normal wear, (iv)normal use which may be resolved through a fitting adjustment, routinemaintenance, preventative maintenance or proper care, or (v) a consumer'sfailure to follow any manufacturer's written service and maintenanceguidelines furnished to the customer at the time of purchase.
"Reasonable attempt to repair" means that within one year after the date offirst delivery of the assistive device:
1. The same nonconformity has been subject to repair three or more times bythe manufacturer, assistive device lessor or any assistive device dealerauthorized by the manufacturer to repair such device, and the nonconformitycontinues to exist and interfere with the device's operation; or
2. The assistive device is out of service, with no fungible loaner available,for a cumulative total of at least thirty days, exclusive of any necessarytime in shipment, due to repair by the manufacturer, assistive device lessoror any assistive device dealer authorized by the manufacturer to repair suchdevice, all of which is due to warranty nonconformities. The provisions ofthis subdivision shall not be applicable if the repairs could not beperformed because of conditions beyond the control of the manufacturer, itsagents or authorized dealers, including war, invasion, strike, fire, flood orother natural disasters.
"Assistive device dealer" means a person or company that is in the businessof selling assistive devices, including a manufacturer who sells assistivetechnology devices directly to consumers.
"Assistive device lessor" means a person or company that leases anassistive device to a consumer, or who holds the lessor's rights, under awritten lease.
"Assistive technology device," "assistive device," or "device" meansany new device, including a demonstrator, that a consumer purchases oraccepts transfer of in this Commonwealth which is used for a major lifeactivity or any other assistive device that enables a person with adisability to communicate, see, hear, or maneuver. These devices include (i)manual wheelchairs, motorized wheelchairs, motorized scooters, and other aidsthat enhance the mobility of an individual; (ii) hearing aids, telephonecommunication devices for the deaf (TTD/TTY), assistive listening devices,visual and audible signal systems, and other aides that enhance anindividual's ability to hear; and (iii) voice-synthesized computer modules,optical scanners, talking software, Braille printers, and other devices thatenhance a sight-impaired individual's ability to communicate.
"Authorized dealer" means any seller of an assistive device that (i) has,within a specified geographic area, an exclusive distribution arrangementwith any person or entity that manufacturers or assembles such device or (ii)is designated by the person or company that manufactures or assembles suchdevice to repair or accept for repair such device.
"Collateral costs" means expenses incurred by a consumer in connection withthe repair of a nonconformity, including the reasonable costs of obtaining analternative assistive device.
"Consumer" means:
1. A person with a disability as defined in the Americans With DisabilitiesAct, 42 U.S.C. § 12102 (2), or his legal representative, (i) who haspurchased an assistive device from an assistive device dealer or manufacturerfor purposes other than resale; (ii) to whom the assistive device istransferred for purposes other than resale, if the transfer occurs before theexpiration of any warranty established by this chapter; or (iii) who leases anew assistive device from an assistive device lessor under a written lease;
2. An entity which purchases or leases an assistive device using state orfederal funds for the use of a person with a disability; or
3. An insurer or self-insurer which purchases or leases an assistive devicefor the use of a person with a disability.
"Demonstrator" means an assistive device used primarily for the purpose ofdemonstration to the public.
"Manufacturer" means a person or company that manufactures or assemblesassistive devices and agents of that person or company, including anauthorized dealer, an importer, a distributor, factory branch, distributorbranch and any warrantors of the manufacturer's assistive device, but doesnot include a professional who fabricates, without charge, a device for usein the course of treatment.
"Nonconformity" means a condition or defect that significantly impairs theuse, value, function or safety of an assistive device or any of itscomponents, but does not include a condition or defect of the device that isthe result of (i) abuse, misuse or neglect by a consumer, (ii) modificationsor alterations not authorized by the manufacturer, (iii) normal wear, (iv)normal use which may be resolved through a fitting adjustment, routinemaintenance, preventative maintenance or proper care, or (v) a consumer'sfailure to follow any manufacturer's written service and maintenanceguidelines furnished to the customer at the time of purchase.
"Reasonable attempt to repair" means that within one year after the date offirst delivery of the assistive device:
1. The same nonconformity has been subject to repair three or more times bythe manufacturer, assistive device lessor or any assistive device dealerauthorized by the manufacturer to repair such device, and the nonconformitycontinues to exist and interfere with the device's operation; or
2. The assistive device is out of service, with no fungible loaner available,for a cumulative total of at least thirty days, exclusive of any necessarytime in shipment, due to repair by the manufacturer, assistive device lessoror any assistive device dealer authorized by the manufacturer to repair suchdevice, all of which is due to warranty nonconformities. The provisions ofthis subdivision shall not be applicable if the repairs could not beperformed because of conditions beyond the control of the manufacturer, itsagents or authorized dealers, including war, invasion, strike, fire, flood orother natural disasters.
"Assistive device dealer" means a person or company that is in the businessof selling assistive devices, including a manufacturer who sells assistivetechnology devices directly to consumers.
"Assistive device lessor" means a person or company that leases anassistive device to a consumer, or who holds the lessor's rights, under awritten lease.
"Assistive technology device," "assistive device," or "device" meansany new device, including a demonstrator, that a consumer purchases oraccepts transfer of in this Commonwealth which is used for a major lifeactivity or any other assistive device that enables a person with adisability to communicate, see, hear, or maneuver. These devices include (i)manual wheelchairs, motorized wheelchairs, motorized scooters, and other aidsthat enhance the mobility of an individual; (ii) hearing aids, telephonecommunication devices for the deaf (TTD/TTY), assistive listening devices,visual and audible signal systems, and other aides that enhance anindividual's ability to hear; and (iii) voice-synthesized computer modules,optical scanners, talking software, Braille printers, and other devices thatenhance a sight-impaired individual's ability to communicate.
"Authorized dealer" means any seller of an assistive device that (i) has,within a specified geographic area, an exclusive distribution arrangementwith any person or entity that manufacturers or assembles such device or (ii)is designated by the person or company that manufactures or assembles suchdevice to repair or accept for repair such device.
"Collateral costs" means expenses incurred by a consumer in connection withthe repair of a nonconformity, including the reasonable costs of obtaining analternative assistive device.
"Consumer" means:
1. A person with a disability as defined in the Americans With DisabilitiesAct, 42 U.S.C. § 12102 (2), or his legal representative, (i) who haspurchased an assistive device from an assistive device dealer or manufacturerfor purposes other than resale; (ii) to whom the assistive device istransferred for purposes other than resale, if the transfer occurs before theexpiration of any warranty established by this chapter; or (iii) who leases anew assistive device from an assistive device lessor under a written lease;
2. An entity which purchases or leases an assistive device using state orfederal funds for the use of a person with a disability; or
3. An insurer or self-insurer which purchases or leases an assistive devicefor the use of a person with a disability.
"Demonstrator" means an assistive device used primarily for the purpose ofdemonstration to the public.
"Manufacturer" means a person or company that manufactures or assemblesassistive devices and agents of that person or company, including anauthorized dealer, an importer, a distributor, factory branch, distributorbranch and any warrantors of the manufacturer's assistive device, but doesnot include a professional who fabricates, without charge, a device for usein the course of treatment.
"Nonconformity" means a condition or defect that significantly impairs theuse, value, function or safety of an assistive device or any of itscomponents, but does not include a condition or defect of the device that isthe result of (i) abuse, misuse or neglect by a consumer, (ii) modificationsor alterations not authorized by the manufacturer, (iii) normal wear, (iv)normal use which may be resolved through a fitting adjustment, routinemaintenance, preventative maintenance or proper care, or (v) a consumer'sfailure to follow any manufacturer's written service and maintenanceguidelines furnished to the customer at the time of purchase.
"Reasonable attempt to repair" means that within one year after the date offirst delivery of the assistive device:
1. The same nonconformity has been subject to repair three or more times bythe manufacturer, assistive device lessor or any assistive device dealerauthorized by the manufacturer to repair such device, and the nonconformitycontinues to exist and interfere with the device's operation; or
2. The assistive device is out of service, with no fungible loaner available,for a cumulative total of at least thirty days, exclusive of any necessarytime in shipment, due to repair by the manufacturer, assistive device lessoror any assistive device dealer authorized by the manufacturer to repair suchdevice, all of which is due to warranty nonconformities. The provisions ofthis subdivision shall not be applicable if the repairs could not beperformed because of conditions beyond the control of the manufacturer, itsagents or authorized dealers, including war, invasion, strike, fire, flood orother natural disasters.
