Montana Code 30-14-1202. Definitions
30-14-1202. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 30-14-1202
- Consumer: means a person:
(a)who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;
(b)to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;
(c)who may enforce the warranty; or
(d)who leases a wheelchair from a wheelchair lessor under a written lease. See Montana Code 30-14-1202
- 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 or an agent of a person who manufactures or assembles wheelchairs. See Montana Code 30-14-1202
- Nonconformity: means a defect that substantially impairs the use, value, or safety of a wheelchair or that is covered by an express warranty applicable to the wheelchair or to components of a wheelchair. See Montana Code 30-14-1202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Wheelchair: means a manually powered or motor-driven wheelchair, scooter, or other motorized device that is used for mobility assistance, that costs $500 or more, and that a consumer purchases or accepts by transfer. See Montana Code 30-14-1202
- Wheelchair dealer: means a person who is in the retail business of selling wheelchairs. See Montana Code 30-14-1202
(1)”Collateral costs” mean the expenses incurred by a consumer for the repair of a nonconformity, including the costs of obtaining an alternative wheelchair.
(2)”Consumer” means a person:
(a)who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;
(b)to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;
(c)who may enforce the warranty; or
(d)who leases a wheelchair from a wheelchair lessor under a written lease.
(3)”Manufacturer” means a person or an agent of a person who manufactures or assembles wheelchairs. The term includes an importer, factory branch, and any warrantor of the manufacturer’s wheelchairs. The term does not include a wheelchair dealer.
(4)”Nonconformity” means a defect that substantially impairs the use, value, or safety of a wheelchair or that is covered by an express warranty applicable to the wheelchair or to components of a wheelchair. The term does not include a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the wheelchair by the consumer.
(5)”Wheelchair” means a manually powered or motor-driven wheelchair, scooter, or other motorized device that is used for mobility assistance, that costs $500 or more, and that a consumer purchases or accepts by transfer.
(6)”Wheelchair dealer” means a person who is in the retail business of selling wheelchairs.