Maine Revised Statutes Title 10 Sec. 1500-C – Replacement of defective devices; refunds
Current as of: 2023 | Check for updates
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1. Reasonable attempt to repair. A reasonable attempt to repair an assistive device to conform it to the express warranty is deemed to have been undertaken if:
A. The same conformity has been subject to repair 3 or more times by the manufacturer or its agents or authorized dealers within the express warranty term and the nonconformity continues; or [PL 1997, c. 235, §1 (NEW).]
B. The assistive device is out of service for a cumulative total of 30 days or more because of warranty nonconformity. [PL 1997, c. 235, §1 (NEW).]
[PL 1997, c. 235, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1500-C
- Assistive device: includes , but is not limited to, manual wheelchairs, motorized wheelchairs, motorized scooters and other aids that enhance the mobility of the individual; hearing aids, telephone communications devices for the deaf, or TDD, assistive listening devices and other aids that enhance an individual's ability to hear; voice synthesized computer modules, optical scanners, talking software, braille printers and other devices that enhance a sight-impaired individual's ability to communicate; and any other assistive device that enables a person with a disability to communicate, see, hear or maneuver. See Maine Revised Statutes Title 10 Sec. 1500
- Consumer: means a person who purchases or leases an assistive device from a dealer or manufacturer for purposes other than resale; a person to whom an assistive device is transferred for purposes other than resale while an express warranty is in effect; a funding source that purchases a device for a person with a disability; or a person otherwise legally qualified to enforce a warranty. See Maine Revised Statutes Title 10 Sec. 1500
- Nonconformity: means a condition or a defect that substantially impairs the use, value or safety of an assistive device that is covered by an express warranty applicable to that assistive device, or to a component of that assistive device, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the assistive device by the consumer. See Maine Revised Statutes Title 10 Sec. 1500
2. Refund and replacement. If, after a reasonable attempt to repair the nonconformity, the nonconformity is not repaired, the manufacturer must accept return of the assistive device and, at the option of the consumer, refund the full purchase price to the consumer after satisfaction of any applicable perfected security interests or replace the assistive device with a comparable new assistive device. If the assistive device was purchased with public funds or insurance coverage on behalf of the consumer, the manufacturer shall notify the funder and, at the option of the consumer, replace the assistive device with a comparable new assistive device or refund to the funder the total reimbursement amount so that another suitable device may be purchased.
[PL 1997, c. 235, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 235, §1 (NEW).