(a) No assistive device shall be sold, leased, or delivered in this State to a consumer unless accompanied by a written warranty under which the manufacturer warrants that the assistive device is fit for the ordinary purposes for which the device is used, and undertakes to pay the full cost of both parts and labor necessary to repair any nonconformity. This warranty shall require the manufacturer directly or through its agents to repair or, at the election of the manufacturer, reimburse the consumer for the reasonable costs of repairing the nonconformity. This warranty is supplementary and not in lieu of any other express warranties or implied warranties applicable to the assistive device.

Terms Used In Hawaii Revised Statutes 481K-2

  • 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
  • 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

  • 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
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(b) The duration of the warranty provided in this section shall not be less than one year after first possession of the assistive device by the consumer. The terms of this warranty shall be tolled for and extended by any period of time during which:

(1) The assistive device is out of service by reason of repair under any other warranty;
(2) The assistive device is in the possession of the manufacturer or its authorized agent, representative, assistive device dealer, or assistive device lessor for the purpose of repairing the assistive device under the terms of this warranty;
(3) Repair services are not available to the consumer because of war, invasion, strike, fire, flood, or other natural disaster; or
(4) The consumer has notified the manufacturer or its authorized agent or representative that the assistive device is inoperable, but cannot reasonably present the assistive device to the manufacturer or its authorized agent or representative and the manufacturer has refused to pay the charges to transport the assistive device to the manufacturer, its authorized agent, representative, or repair agency.
(c) The applicable warranty period shall end thirty days from the date of completion of any repair required by this chapter as to the defect repaired if the warranty would otherwise have expired during that period.
(d) If a manufacturer fails to give the written warranty as required by this section, the manufacturer nevertheless shall be deemed to have given the warranty as a matter of law.
(e) If a new assistive device does not conform to all applicable warranties and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer’s agents, distributors, or authorized assistive device dealers, and makes the assistive device available for repair before the end of the warranty period, then the manufacturer, or, at its option and expense, its agent, representative, distributor, authorized assistive device dealer, or authorized assistive device lessor shall make any repairs that are necessary to conform the assistive device to the warranties, notwithstanding the fact that the repairs are made after the expiration of the warranty.
(f) A consumer shall make an assistive device available for repair by presenting it to the manufacturer, its agent, representative, authorized assistive device dealer, or authorized assistive device lessor prior to the expiration of the warranty period and providing the manufacturer, its agent, representative, authorized assistive device dealer, or authorized assistive device lessor written notice of the nonconformity. The manufacturer or authorized person shall immediately accept return of the assistive device when it is so presented. The assistive device shall be deemed out of service commencing the day it is presented, notwithstanding any failure to accept its return on that day.

During the applicable warranty period and the return period, the manufacturer shall pay the reasonable costs of transporting or shipping the assistive device to the manufacturer, agent, representative, authorized assistive device dealer, authorized assistive device lessor, or repair agency located nearest to the consumer.

(g) The written warranty to be provided pursuant to this chapter shall be a full warranty as the term is described in the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, and shall be designated as such on the face of the warranty. Nothing in this subsection should be construed to limit the manufacturer’s obligation to comply with all requirements set forth in this chapter.

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