24-5-20-12. Resale of Nonconforming Assistive Devices Prohibited
Sec. 12. An assistive device returned due to a nonconformity under this chapter by a consumer or an assistive device lessor in Indiana or any other state may not be sold or leased again in Indiana unless full disclosure of the reason for the return is made to any prospective buyer or lessee. As added […]
24-5-20-13. Remedies
Sec. 13. (a) The remedies afforded by this chapter are: (1) cumulative; (2) not exclusive; and (3) in addition to any other legal or equitable remedies available to the consumer. (b) In addition to any other remedies available, a consumer who suffers loss as a result of any violation of this chapter may: (1) bring […]
24-5-20-14. Limitation of Warranties and Waiver of Rights Prohibited
Sec. 14. (a) A manufacturer’s exclusion or limitation of the warranties or consumer remedies provided by this chapter is void. (b) A purported waiver of rights to legal action or arbitration by a consumer within an assistive device purchase agreement is void. As added by P.L.85-1999, SEC.1.
24-5-20-11. Return of Nonconforming Assistive Device
Sec. 11. If, after reasonable attempt to repair, a nonconformity is not repaired, the consumer must return the assistive device to the dealer and the manufacturer shall do either of the following: (1) Do both of the following: (A) Accept return of the nonconforming assistive device. (B) Not later than fourteen (14) days after return […]
24-5-20-1. Applicability of Chapter
Sec. 1. This chapter does not apply to assistive devices purchased by, leased by, or transferred to a consumer before July 1, 1999. As added by P.L.85-1999, SEC.1.
24-5-20-2. “Assistive Device” Defined
Sec. 2. As used in this chapter, “assistive device” means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in Indiana that is used for a major life activity. The term includes the following devices: (1) Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of […]
24-5-20-3. “Collateral Costs” Defined
Sec. 3. As used in this chapter, “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. The term does not include the cost of an alternative assistive device. As added by P.L.85-1999, SEC.1.
24-5-20-4. “Consumer” Defined
Sec. 4. As used in this chapter, “consumer” means any of the following: (1) An individual who is a person with a disability as defined in the federal Americans With Disabilities Act (42 U.S.C. 12101(2)) or the individual’s legal representative: (A) who has purchased an assistive device from an assistive device dealer or manufacturer for […]
24-5-20-5. “Dealer” Defined
Sec. 5. As used in this chapter, “dealer” means a person who is in the business of selling or dispensing assistive devices. As added by P.L.85-1999, SEC.1.
24-5-20-6. “Demonstrator” Defined
Sec. 6. As used in this chapter, “demonstrator” means an assistive device used primarily for the purpose of demonstration to the public or loan to a consumer. As added by P.L.85-1999, SEC.1.