(1) 

Terms Used In Utah Code 70A-2-804

  • 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
  • Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining alternative assistive technology. 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
  • Nonconformity: means any defect, condition, or malfunction which substantially impairs the use, value, or safety of assistive technology, but does not include a condition, defect, or malfunction that is the result of abuse, neglect, or unauthorized modification or alternation of the assistive technology by the consumer. See Utah Code 70A-2-802
    • (a)  If assistive technology does not conform to any applicable warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer or lessor within one year from the date of original delivery to the consumer, the manufacturer, its agent, or authorized dealer or lessor shall make repairs necessary to conform the assistive technology to the warranties, whether or not the repairs are made after one year from the date of original delivery.

    (b)  Repairs, including parts and labor, made under warranty shall be at no charge to the consumer.

    • (2)  After a reasonable attempt to repair the assistive technology, if the manufacturer, its agent, or authorized dealer or lessor is unable to conform the assistive technology to applicable warranties by repairing or correcting any defect, condition, or malfunction that substantially impairs the use, value, or safety of the assistive technology, the manufacturer shall, within 30 days of notice from and at the direction of the consumer:

    (a) 

    (i)  replace the assistive technology with comparable new assistive technology; and

    (ii)  refund any collateral costs; or

    (b) 

    (i)  accept return of the assistive technology; and

    (ii)  refund:

    (A)  the full purchase price, collateral costs, and any finance charges paid at the point of sale; minus

    (B)  a reasonable allowance for the use of the assistive technology.

    (3) 

    (a)  A “reasonable attempt to repair” has been made to conform assistive technology to applicable warranties if:

    (i)  the assistive technology has been subject to repair three or more times, for the same reason, by the manufacturer, its agent, or authorized dealer or lessor; or

    (ii)  the assistive technology is out of service to the consumer for an aggregate of 30 or more calendar days because of warranty nonconformities.

    (b)  The 30-day period described in Subsection (3)(a)(ii) shall begin on the day the consumer first makes the assistive technology available for repair to the manufacturer, its agent, or authorized dealer or lessor.

    Amended by Chapter 200, 1999 General Session

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