Indiana Code 24-5-20-9. Reasonable attempt to repair
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Sec. 9. For purposes of this chapter, a “reasonable attempt to repair” has occurred if, within one (1) year after the date of first delivery of the assistive device, either of the following applies:
(2) The assistive device is out of service because of nonconformities, with no fungible loaner available, for a cumulative total of at least thirty (30) business days (not including any necessary time in shipment), due to repair by the manufacturer, assistive device lessor, or any assistive device dealer authorized by the manufacturer to repair the assistive device. For purposes of this subdivision a loaner hearing aid is considered fungible with the consumer‘s hearing aid if the loaner hearing aid improves the consumer’s hearing. This subdivision does not apply if the repairs could not be performed because of conditions beyond the control of the manufacturer, its agents, or authorized dealers, including war, invasion, strike, fire, flood, or other natural disasters.
(1) The same nonconformity has been subject to repair two (2) or more times by the manufacturer, assistive device lessor, or any assistive device dealer authorized by the manufacturer to repair the assistive device, and the nonconformity continues to exist and interfere with the assistive device’s operation.
Terms Used In Indiana Code 24-5-20-9
- 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
- dealer: means a person who is in the business of selling or dispensing assistive devices. See Indiana Code 24-5-20-5
- manufacturer: means a person that manufactures or assembles assistive devices. See Indiana Code 24-5-20-7
- nonconformity: means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components. See Indiana Code 24-5-20-8
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
As added by P.L.85-1999, SEC.1.