48-1401 Short Title
48-1402 Definitions
48-1403 Express Warranties
48-1404 Assistive Device Replacement or Refund
48-1405 Nonconformity Disclosure Requirement
48-1406 Manufacturer’s Duty to Provide Reimbursement for Temporary Replacement of Assistive Devices and Penalties
48-1407 Enforcement

Terms Used In Idaho Code > Title 48 > Chapter 14 - Assistive Technology Warranty Act

  • 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
  • Assistive device dealer: means a person who is in the business of selling new assistive devices. See Idaho Code 48-1402
  • Assistive device lessor: means a person who leases new assistive devices to consumers, or who holds the lessor’s rights, under a written lease. See Idaho Code 48-1402
  • Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device. See Idaho Code 48-1402
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 the manufacturer. See Idaho Code 48-1402
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • 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, 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
  • 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.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Reasonable attempt to repair: means any of the following occurring within the term of an express warranty applicable to a new assistive device:
  • Idaho Code 48-1402
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114