For purposes of this subchapter:
(1) (A) "Assistive device" means a:
(i) Manual wheelchair;
(ii) Motorized wheelchair;
(iii) Motorized scooter designed to enhance the mobility of a disabled person; or
(iv) Van lift.
(B) "Assistive device" does not include a device having a value of less than seven hundred fifty dollars ($750);
(2) "Assistive device dealer" means a person who is in the business of selling assistive devices;
(3) "Assistive device lessor" means a person who leases an assistive device to a consumer or who holds the lessor's rights under a written lease;
(4) "Assistive device warranty" means the warranty attached to assistive devices sold or leased by assistive device manufacturers or assistive device dealers;
(5) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device;
(6) "Consumer" means:
(A) The purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;
(B) A person to whom the assistive device is transferred for purposes other than resale if the transfer occurs before the expiration of an express warranty applicable to the assistive device;
(C) A person who may enforce the warranty; and
(D) A person who leases an assistive device from an assistive device lessor under a written lease;
(7) "Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public;
(8) (A) "Early termination cost" means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter.
(B) "Early termination cost" includes a penalty for prepayment under a finance arrangement;
(9) (A) "Early termination saving" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter.
(B) "Early termination saving" includes an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination;
(10) "Manufacturer" means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer;
(11) "Nonconformity" means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, including, but not limited to, any piece or part or any premanufactured and assembled part by the manufacturer or employee that fails in use, but does not include:
(A) A condition of the device that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer; or
(B) A condition of the device that is the result of normal use which may be resolved through a fitting adjustment, preventative maintenance, or proper care; and
(12) "Reasonable attempt to repair" means, within the terms of an express warranty applicable to a new assistive device:
(A) Presenting the assistive device for repair of the same nonconformity on at least three (3) separate occasions to the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers; or
(B) The assistive device is out of service with no assistive device available for loan for an aggregate of at least fourteen (14) calendar days because of warranty nonconformity.
Section: 4-105-202 4-105-203 4-105-204 4-105-205 4-105-206 NextLast modified: November 15, 2016