§ 10-1-890. Short Title
This article shall be known and may be cited as the “Motorized Wheelchair Warranty Act.” History. Code 1981, § 10-1-890 , enacted by Ga. L. 1993, p. 1805, § 1.
§ 10-1-891. Definitions
As used in this article, the term: “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device used for mobility assistance. “Consumer” means any of the following: The purchaser of a motorized wheelchair, if the motorized wheelchair was […]
§ 10-1-850. Definitions
As used in this article, the term: “Disabled person” means a person who has a physical or mental impairment which substantially limits one or more of such person’s major life activities. As used in this paragraph, “physical or mental impairment” means any of the following: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss […]
§ 10-1-851. Additional Civil Penalty for Violation of Article 15, 17, or 21 of This Chapter Against Elder or Disabled Persons
When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed […]
§ 10-1-815. Extension of Period for Reporting Nonconformity and of 30 Day Repair Period
The 18 month period and the 30 day repair period shall be extended by any period of time during which repair services or replacement parts are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster. History. Code 1981, § 10-1-815 , enacted by Ga. L. 1991, p. […]
§ 10-1-852. Determination to Impose Civil Penalty and Amount Thereof
In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present: Whether the defendant’s conduct was in disregard of the rights of the elder or disabled persons; Whether the defendant knew or should […]
§ 10-1-816. Informal Dispute Settlement Procedures; Remedy for Violation
If a manufacturer has established, or participates in, an informal dispute settlement procedure which substantially complies with the provisions of the Code of Federal Regulations, Title 16, Part 703, as amended, and the requirements of this Code section, the provisions of Code Section 10-1-814 concerning refunds or replacement do not apply to a consumer who […]
§ 10-1-853. Cause of Action for Damage or Injury From Offense or Violation Under This Article
An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney’s fees. Restitution ordered pursuant to this Code section has priority over a civil penalty imposed pursuant to […]
§ 10-1-817. Affirmative Defenses Against Claims
It shall be an affirmative defense to claims under this article that: An alleged nonconformity does not substantially impair such use and market value; or A nonconformity is the result of abuse or neglect or of modifications or alterations of the farm tractor not authorized by the manufacturer. History. Code 1981, § 10-1-817 , enacted […]
§ 10-1-854. State-Wide Educational Initiatives as to Consumer Crimes Against Elder and Disabled Persons, Applicable Laws, and Remedies Available
The Attorney General may develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder and disabled persons, the provisions of Part 1 of Article 15 of this chapter, […]