(a) If the manufacturer or its agents fail to correct a nonconformity as required by a warranty after a reasonable opportunity to repair, the manufacturer shall accept return of the assistive device from the consumer and refund the full purchase price or replace the assistive device, as follows:

Terms Used In Hawaii Revised Statutes 481K-3

  • Assistive device: means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this State which is used to assist a person with a disability (as defined in 42 U. See Hawaii Revised Statutes 481K-1
  • Assistive device dealer: means a person who is in the business of selling new assistive devices. See Hawaii Revised Statutes 481K-1
  • Assistive device lessor: means a person who leases new assistive devices to consumers, or who holds the lessor's residual interest under a written lease, to new assistive devices leased to consumers. See Hawaii Revised Statutes 481K-1
  • Collateral charges: means those additional charges to a consumer [wholly] incurred as a result of the acquisition of the assistive device. See Hawaii Revised Statutes 481K-1
  • Consumer: means any of the following:

    (1) The purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;

    (2) 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;

    (3) A person who may enforce any warranty applicable to the assistive device; or

    (4) A person who leases an assistive device from an assistive device lessor under a written lease. See Hawaii Revised Statutes 481K-1

  • Early termination savings: means an 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. See Hawaii Revised Statutes 481K-1
  • Incidental charges: means those reasonable costs incurred by the consumer, including but not limited to the costs of repair, the costs of return, and the costs of obtaining alternative assistance or alternative assistive devices, which are directly caused by the nonconformity or nonconformities which are the subject of the complaint, but shall not include loss of use, loss of income, or personal injury claims. See Hawaii Revised Statutes 481K-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, a factory branch, distributor branch, and a warrantor of the manufacturer's assistive device, but does not include an assistive device dealer. See Hawaii Revised Statutes 481K-1
  • Nonconformity: means a defect, malfunction, or condition that fails to conform to any warranty applicable to an assistive device, but does not include a defect, malfunction, or condition that results from accident, abuse, neglect, modification, or alteration of the assistive device by persons other than the manufacturer, its agent, distributor, or authorized assistive device dealer, or assistive device lessor. See Hawaii Revised Statutes 481K-1
(1) If the consumer requests a refund, the manufacturer shall accept return of the assistive device from the consumer and, as the case may be, either:

(A) Refund to the consumer and to a holder of a perfected security interest in the consumer’s assistive device, as their interests may appear on the records kept by the bureau of conveyances, the full purchase price plus all collateral charges and incidental charges, with adjustments for any modifications that either increase or decrease the market value of the assistive device, less a reasonable allowance for use; or
(B) Refund to the assistive device lessor and to a holder of a perfected security interest in the assistive device, as their interests may appear on the records kept by the bureau of conveyances, the current value of the written lease, and refund to the consumer the amount that the consumer paid under the written lease plus all collateral charges and incidental charges, with adjustment for any modifications that either increase or decrease the market value of the assistive device, less a reasonable allowance for use;
(2) If the consumer requests an assistive device replacement, the manufacturer, within thirty days of the request, shall provide the consumer with a comparable new assistive device. Within ten days after receipt of the assistive device replacement, the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal title thereto.
(b) For purposes of subsection (a):

(1) The “current value of the written lease” equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device lessor’s early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the assistive device lessor’s early termination savings;
(2) A “reasonable allowance for use” shall not exceed the amount obtained by multiplying the total amount the consumer paid or for which the written lease obligates the consumer to pay by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, its agent, assistive device lessor, or assistive device dealer; and
(3) It shall be presumed that a manufacturer has had a “reasonable opportunity to repair” if the manufacturer or its agents fails to repair the same nonconformity within two attempts, or the assistive device is out of service, including by reason of attempts to repair one or more nonconformities, for a cumulative total of more than thirty business days after the consumer has returned it for repair.
(c) No person shall enforce the lease against the consumer after the consumer receives a refund.

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