44-1354. Assistive device dealers; lessors; notice

At the time the consumer takes possession of the assistive device, the assistive device dealer or assistive device lessor shall give the consumer the following written notice in fourteen point bold-faced type:

By law the manufacturer is deemed to have provided to you, the purchaser of an assistive device, a one year warranty that begins on the date of the initial delivery to you. This warranty provides that the assistive device will be free from any defect, malfunction or condition that substantially impairs its use, safety or value.

To ensure that you receive the benefits of this warranty, within one year after the initial delivery to you of the assistive device, you must report any problem with the assistive device to the manufacturer, authorized assistive device dealer or assistive device lessor and make the assistive device available for repair by the manufacturer, authorized assistive device dealer or assistive device lessor.

During the warranty period, if any defect, malfunction or condition cannot be repaired after two attempts or if your assistive device is out of service for at least thirty days for repair of any defect, malfunction or condition that substantially impairs the use, safety or value of the assistive device, you are entitled to either a comparable new assistive device or a refund of the full purchase price plus any finance charge and collateral cost minus a reasonable allowance for use. If you are leasing an assistive device you are entitled to either a comparable assistive device or a refund of the amount paid under the written lease plus all collateral costs minus a reasonable allowance for use.

The warranty provided to you by law does not cover any defect, malfunction or condition that results from an accident involving the assistive device or from neglect, modification or alteration of the assistive device by any person other than the manufacturer or the manufacturer's agent or distributor or an authorized assistive device dealer or assistive device lessor and the warranty relieves the manufacturer of liability for repairs in these instances.

A manufacturer may refuse to replace an assistive device or may refuse to refund the purchase price if the problem does not substantially impair the use, safety or value of your assistive device.

A contract or agreement for the sale or lease of an assistive device cannot void any of these rights.