(a) Whenever an assistive technology device covered by a manufacturer’s express warranty is tendered by a consumer to the manufacturer, assistive technology lessor, or authorized assistive technology dealer from whom it was purchased or exchanged for the repair of a defect, malfunction, or nonconformity to which the warranty is applicable and at least 1 of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period, a replacement assistive technology device or reimbursement for the cost incurred by the consumer for renting a replacement assistive technology device. The applicable conditions are as follows:
(1) The repair period exceeds 10 working days, including the day on which the device is tendered to the dealer for repair; or
(2) The defect, malfunction, or nonconformity is the same for which the assistive technology device has been tendered to the dealer for repair on at least 2 previous occasions.
(b) This section applies for the duration of the manufacturer’s express warranty and any extension thereof.
74 Del. Laws, c. 278, § 1.
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