In this chapter, unless the context otherwise requires:

1.    “Assistive technology device” means any item, piece of equipment, or product system that a consumer purchases or accepts transfer of in this state and which is used to increase, maintain, or improve the functional capabilities of individuals with disabilities.

a.    The term includes:

(1) Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility or positioning of an individual, such as positioning features, the switches and controls for any motorized or nonmotorized features, and hydraulic or nonhydraulic lifts or elevators designed to transport an individual from one location or level to another in private personal vehicles or private residences.

(2) Telephone communication devices for the deaf, assistive listening devices, and other aids that enhance an individual’s ability to hear, except for hearing instruments excluded by subdivision b.

(3) Voice-synthesized computer modules, optical scanners, talking software, braille printers, artificial larynges, voice amplification devices, alternative augmentative communication devices, and other devices that enhance an individual’s ability to communicate, except for those items excluded by subdivision b.

(4) Voice recognition computer equipment, software and hardware accommodations, switches, and other forms of alternative access to computers.

(5) Adapted environmental control units.

(6) Any other assistive device, instrument, apparatus, or any component, part, or accessory that enables an individual with a disability to perform tasks such as communicating, speaking, seeing, hearing, maneuvering, moving, walking, standing, reaching, grasping, working, sleeping, learning, or caring for oneself, or which is used or intended to be used to assist, affect, or replace the structure or any function of the body of an individual with a disability, except for those items excluded by subdivision b.

b.    The term does not include:

(1) Devices that are modified or customized pursuant to consumer design and specifications; (2) Hearing instruments as defined in subsection 2 of section 43-33-01; (3) Eyeglasses; (4) A surgical implant performed by a physician or surgeon; or

(5) A restoration or dental prosthesis provided by a dentist.

2.    “Commercial lessor” means a person who is in the business of leasing assistive technology devices to consumers or who holds the lessor’s rights.

3.    “Commercial seller” means a person who is in the business of selling or manufacturing assistive technology devices.

4.    “Consumer” means:

a.    The purchaser of an assistive technology device from a commercial seller for personal use; b.    A person to whom an assistive technology device is transferred for personal use when all express warranties have not yet expired; c.    A person who may enforce the warranty on an assistive technology device; d.    A person who leases an assistive technology device from a commercial lessor; or e.    The parent or guardian of a person who is a consumer under subdivisions a through d.

5.     a.    “In need of repair” means:

    (1) A specific condition, generic defect, or malfunction that substantially impairs the use, value, or safety of an assistive technology device or any of its component parts; or

(2) The assistive technology device or a component of the assistive technology device fails to conform to:

(a)    Any applicable express warranties; or

(b)    Any    implied    warranties    including    the    implied    warranty    of merchantability described in section 41-02-31 and the implied warranty of fitness for a particular purpose described in section 41-02-32.

b.    The term does not include a condition or defect that is the result of abuse or unforeseen alteration of the assistive technology device by the consumer.

6.    “Loaner” means an assistive technology device that is loaned to the user without charge while repairs are made to the user’s assistive technology device. A loaner must:

a.    Be in good working order; b.    Perform the essential functions of the assistive technology device that is being repaired, considering the needs of the user; and

c.    Not create a threat to the safety of the user.

7.    “Manufacturer” means:

a.    A person who manufactures or assembles assistive technology devices; b.    A person who manufactures or assembles any part of an assistive technology device; and

c.    All persons involved in the manufacture, distribution, or sales of assistive technology devices up to the final retail seller or commercial lessor.

8.    “Reasonable attempt to repair” means that, within one year after first delivery of the assistive technology device to a consumer or within the life of an express warranty, whichever is longer:

a.    The assistive technology device is presented to the commercial seller in need of repair at least four times and it is again in need of repair; or

b.    The assistive technology device is in need of repair and available to the seller for repair for at least thirty days. These thirty days may be consecutive or nonconsecutive.

9.    “Transaction costs” means expenses caused by a covered repair including the costs of a loaner.