Florida Regulations 64B6-6.001: Thirty-Day Trial Period
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(1) A person selling a prescription hearing aid(s) in the State of Florida must provide the purchaser with written notice of the 30-day trial period and money-back guarantee as provided in Florida Statutes § 484.0512 The terms and conditions of the guarantee as well as the total amount available for refund shall be provided in writing to the purchaser prior to the signing of the contract.
(2) The guarantee shall permit the purchaser to cancel the purchase for a valid reason within 30 days of the receipt of the prescription hearing aid(s). A valid reason shall be defined as failure by the purchaser to achieve satisfaction from use of the prescription hearing aid(s), so long as the prescription hearing aid(s) is returned to the seller within the 30-day trial period in good working condition.
(3) If the prescription hearing aid must be repaired, remade, or adjusted during the 30-day trial period, the running of the 30-day trial period is suspended one day for each 24-hour period that the prescription hearing aid is not in the purchaser’s possession. A repaired, remade, or adjusted prescription hearing aid must be claimed by the purchaser within three working days after notification of availability. The running of the 30-day trial period resumes on the day the purchaser reclaims the repaired, remade, or adjusted prescription hearing aid or on the fourth day after notification of availability.
(4) In the event of cancellation within the 30-day trial period, the seller may retain a charge not to exceed $300 on a monaural fitting, and $600 on a binaural fitting for ear molds and services provided to fit the prescription hearing aid. In addition, the purchaser may be charged a cancellation fee not to exceed 5% of the total purchase price.
(5) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rule making process five years from the effective date.
Rulemaking Authority 484.044(1), 484.0512 FS. Law Implemented Florida Statutes § 484.0512. History-New 10-4-94, Formerly 61G9-6.0010, Amended 9-14-97, 6-6-23.
Terms Used In Florida Regulations 64B6-6.001
- Contract: A legal written agreement that becomes binding when signed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) If the prescription hearing aid must be repaired, remade, or adjusted during the 30-day trial period, the running of the 30-day trial period is suspended one day for each 24-hour period that the prescription hearing aid is not in the purchaser’s possession. A repaired, remade, or adjusted prescription hearing aid must be claimed by the purchaser within three working days after notification of availability. The running of the 30-day trial period resumes on the day the purchaser reclaims the repaired, remade, or adjusted prescription hearing aid or on the fourth day after notification of availability.
(4) In the event of cancellation within the 30-day trial period, the seller may retain a charge not to exceed $300 on a monaural fitting, and $600 on a binaural fitting for ear molds and services provided to fit the prescription hearing aid. In addition, the purchaser may be charged a cancellation fee not to exceed 5% of the total purchase price.
(5) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rule making process five years from the effective date.
Rulemaking Authority 484.044(1), 484.0512 FS. Law Implemented Florida Statutes § 484.0512. History-New 10-4-94, Formerly 61G9-6.0010, Amended 9-14-97, 6-6-23.