§ 59.1-470 Definitions
§ 59.1-471 Implied warranty; responsibility for repair, return, or replacement
§ 59.1-472 Returned devices; subsequent sale or lease; disclosure
§ 59.1-473 Legal action or arbitration
§ 59.1-474 Certain actions deemed void

Terms Used In Virginia Code > Title 59.1 > Chapter 40

  • Adult: means a person 18 years of age or more. See Virginia Code 2.2-812
  • Assistive device lessor: means a person or company that leases an assistive device to a consumer, or who holds the lessor's rights, under a written lease. See Virginia Code 54.1-1508
  • Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the reasonable costs of obtaining an alternative assistive device. See Virginia Code 54.1-1508
  • Consumer: means :

    1. See Virginia Code 54.1-1508

  • device: means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in this Commonwealth which is used for a major life activity or any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver. See Virginia Code 54.1-1508
  • Includes: means includes, but not limited to. See Virginia Code 2.2-1109
  • Licensed optician: means any person who is the holder of an optician license issued by the Board for Hearing Aid Specialists and Opticians. See Virginia Code 54.1-1500
  • Manufacturer: means a person or company that manufactures or assembles assistive devices and agents of that person or company, including an authorized dealer, an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's assistive device, but does not include a professional who fabricates, without charge, a device for use in the course of treatment. See Virginia Code 54.1-1508
  • Nonconformity: means a condition or defect that significantly impairs the use, value, function or safety of an assistive device or any of its components, but does not include a condition or defect of the device that is the result of (i) abuse, misuse or neglect by a consumer, (ii) modifications or alterations not authorized by the manufacturer, (iii) normal wear, (iv) normal use which may be resolved through a fitting adjustment, routine maintenance, preventative maintenance or proper care, or (v) a consumer's failure to follow any manufacturer's written service and maintenance guidelines furnished to the customer at the time of purchase. See Virginia Code 54.1-1508
  • Optician: means any person not exempted by § Virginia Code 54.1-2100
  • Reasonable attempt to repair: means that within one year after the date of first delivery of the assistive device:

    1. See Virginia Code 54.1-1508

  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 2.2-1138
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 2.2-1147.1