Sec. 8. (a) As used in this chapter, “nonconformity” means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components.

     (b) The term does not include a condition or defect of the assistive device that:

Terms Used In Indiana Code 24-5-20-8

  • assistive device: means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in Indiana that is used for a major life activity. See Indiana Code 24-5-20-2
  • consumer: means any of the following:

    Indiana Code 24-5-20-4

  • manufacturer: means a person that manufactures or assembles assistive devices. See Indiana Code 24-5-20-7
(1) is the result of:

(A) abuse, misuse, or neglect by a consumer;

(B) modifications or alterations not authorized by the manufacturer;

(C) normal wear, including accumulation of ear wax, perspiration, or moisture;

(D) normal use that may be resolved through a fitting adjustment, routine maintenance, preventative maintenance, or proper care; or

(E) a consumer’s failure to follow any manufacturer’s written service and maintenance guidelines furnished at the time of purchase; or

(2) indicates the need for:

(A) routine adjustment, modification, or upgrade; or

(B) an adjustment:

(i) due to an exacerbation in the condition of the individual with a disability; or

(ii) to improve the fit of the assistive device.

As added by P.L.85-1999, SEC.1.

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