Effective 28 Aug 1995

407.961. Consumer to receive comparable device or refund, procedure — lease unenforceable against consumer after refund. — 1. To receive a comparable new assistive device or a refund due under subsection 2 of section 407.957, a consumer described under subdivision (5) of section 407.950 shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than thirty days after that offer, the manufacturer shall provide the consumer with the comparable assistive device or refund. When the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.

2. To receive a refund due under subdivision (3) of subsection 2 of section 407.957, a consumer described under paragraph (d) of subdivision (5) of section 407.950 shall offer to return the assistive device having the nonconformity to its manufacturer. No later than thirty days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the assistive device having the nonconformity.

3. To receive a refund due under subdivision (3) of subsection 2 of section 407.957, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer. No later than thirty days after that offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.

4. No person shall enforce the lease against the consumer after the consumer receives a refund due under subdivision (3) of subsection 2 of section 407.957.

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(L. 1995 H.B. 333 § 1 subsecs. 8 to 11)