Idaho Code 48-1406 – Manufacturer’S Duty to Provide Reimbursement for Temporary Replacement of Assistive Devices and Penalties
Current as of: 2023 | Check for updates
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(1) Whenever an assistive device covered by manufacturer’s express warranty is tendered by a consumer to a dealer from whom it was purchased or exchanged for the repair of a defect, malfunction or nonconformity to which the warranty is applicable and at least one (1) of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period, a replacement assistive device or a rental assistive device reimbursement to pay for the cost incurred by the consumer for renting a replacement assistive device. The applicable conditions are as follows:
(a) The repair period exceeds ten (10) working days, including the day on which the device is tendered to the dealer for repair; or
(b) The defect, malfunction or nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two (2) previous occasions.
(2) This section applies for the period of the manufacturer’s express warranty.
Terms Used In Idaho Code 48-1406
- Assistive device: is a n item, piece of equipment, or product system that is designated and used to increase, maintain or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself or working. See Idaho Code 48-1402
- Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, a factory branch, and a warrantor of the manufacturer’s assistive device. See Idaho Code 48-1402
- Nonconformity: means a specific condition or generic defect or malfunction, or a defect or condition that substantially impairs the use, value or safety of an assistive device, but does not include a condition or defect that is the result of abuse or unauthorized modification or alteration of the assistive device by the consumer. See Idaho Code 48-1402