§ 3284. Terms of sale; 45-day trial period

(a)(1) Any sales contract for equipment, including a hearing aid, sold by a licensee to a person in this State, shall contain a clause that requires the licensee to refund the full product price of the equipment, except for the cost of earmolds and service, up to 45 days from the date of delivery of any new or substantially refabricated equipment if, in the opinion of the consumer, the equipment is not satisfactory.

(2) If the returned equipment is damaged while in the possession of the consumer, the amount refunded shall be reduced by the reasonable amount of the damage.

(3) The equipment shall not be sold thereafter as new.

(4) As used in this subsection, "cost of service" means the actual cost of the service provided to fit a hearing aid or install or prepare the equipment, but shall not exceed five percent of the sale price or $50.00, whichever is greater.

(b) The complete terms of the sale, including the terms of the 45-day trial period, the individual prices for goods and services sold, and such other information as the Director may require shall be disclosed in writing to the consumer before the sale is completed.

(c) If the equipment is in the possession of the licensee, manufacturer, repairperson, or their agents during the trial period, the period of time the equipment is in such possession shall not be included in the calculation of the 45-day trial period. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2015, No. 38, § 34, eff. Sept. 1, 2015.)