§ 37-31-1 Definition of terms
§ 37-31-2 Manufacturer’s warranty–Duration
§ 37-31-3 Repair of nonconforming devices–Reimbursement by manufacturer–Failure torepair
§ 37-31-4 Return of nonconforming device for replacement or refund
§ 37-31-5 Refund for leased nonconforming assistive device–Transfer of possession of device
§ 37-31-6 No enforcement of lease following refund to consumer
§ 37-31-7 Other rights and remedies of consumer–Action for damages–Award
§ 37-31-8 Restrictions on resale or lease of returned devices

Terms Used In South Dakota Codified Laws > Title 37 > Chapter 31 - Assistive Devices

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2