1. A manufacturer or assistive device lessor who sells or leases an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device, warranting the assistive device to be free of any nonconformity. The duration of the express warranty shall be not less than one year after first delivery of the assistive device to the consumer. If a manufacturer fails to furnish an express warranty as required by this section, the assistive device shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this section.

Terms Used In Iowa Code 216E.2

  • Assistive device: means any item, piece of equipment, or product system which is purchased, or whose transfer is accepted in this state, and which is used to increase, maintain, or improve the functional capabilities of individuals with disabilities concerning a major life activity. See Iowa Code 216E.1
  • Assistive device dealer: means a person who is in the business of selling assistive devices. See Iowa Code 216E.1
  • Consumer: means any one of the following:
     a. See Iowa Code 216E.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 any warrantors of the assistive device, but does not include an assistive device dealer or assistive device lessor. See Iowa Code 216E.1
  • Nonconformity: means any defect, malfunction, or condition which substantially impairs the use, value, or safety of an assistive device or any of its component parts, but does not include a condition, defect, or malfunction that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by the consumer. See Iowa Code 216E.1
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. An express warranty does not take effect until the consumer takes possession of the new assistive device.
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