Terms Used In Vermont Statutes Title 9 Sec. 2469

  • Assistive device: means an item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities. See
  • Consumer: means any of the following:

  • 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. See
  • Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer. See
  • Nonconformity: means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, but does not include a condition or defect that is the result of abuse, use that exceeds the manufacturer's recommendations, neglect, or unauthorized modification or alteration of the assistive device by a consumer. See

§ 2469. Loaners

A loaner must:

(1) be in good working order;

(2) perform the essential functions of the assistive technology device that is being repaired, considering the needs of the user;

(3) not create a threat to the safety of the user; and

(4) be provided to the consumer by the manufacturer through the assistive device dealer within two business days after notice from the consumer of the nonconformity, except in the case of an assistive device that requires extensive custom retrofit in order to perform the essential functions. Such a custom device shall be provided as soon as reasonably possible, but in no case later than 10 business days after notice. (Added 1999, No. 104 (Adj. Sess.), § 1.)