A manufacturer who sells or leases assistive technology to a consumer in this state, either directly or through an authorized dealer or lessor, shall warrant that the assistive technology shall be free from any condition, defect, or malfunction which substantially impairs the use, value, or safety of the assistive technology for a period of one year from the date of original delivery.
Terms Used In Utah Code 70A-2-803
Assistive technology: includes :
(i)
manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual;
(ii)
hearing aids, telephone communication devices for the deaf (TDD), assistive listening devices, and other aids that enhance an individual's ability to hear or communicate; and
(iii)
voice-synthesized computer modules, optical scanners, talking software, braille printers, and other devices that enhance an individual's ability to access print or communicate. See Utah Code 70A-2-802
Consumer: means any person including a public agency or other private organization, who acquires assistive technology on behalf of or for the benefit of an individual who:
(a)
purchases assistive technology from a manufacturer, its agent, or authorized dealer for purposes other than resale;
(b)
obtains or otherwise receives assistive technology for purposes other than resale, but only if the transfer occurs before the expiration of any applicable express warranties;
(c)
possesses the right to enforce the warranty; or
(d)
leases assistive technology from an authorized lessor under a written lease. See Utah Code 70A-2-802
Dealer: means a person who is in the business of selling assistive technology. See Utah Code 70A-2-802
Lessor: means a person who leases assistive technology to consumers or who holds the lessor's rights under a written lease. See Utah Code 70A-2-802
Manufacturer: means a person who manufactures or assembles assistive technology including agents of that person, an importer, a distributor, a factory branch, distributor branch, and any warrantors of the manufacturer's assistive technology, but does not include a dealer or lessor of assistive technology. See Utah Code 70A-2-802
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
Nothing in this chapter shall limit the ability of the manufacturer or any dealer or lessor from providing additional warranties on assistive technology nor limit or affect any other warranties applicable to assistive technology, whether implied or expressed.
