24-5-20-8. “Nonconformity” Defined
Sec. 8. (a) As used in this chapter, “nonconformity” means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components. (b) The term does not include a condition or defect of the assistive device that: (1) is the result of: (A) abuse, misuse, […]
24-5-20-9. Reasonable Attempt to Repair
Sec. 9. For purposes of this chapter, a “reasonable attempt to repair” has occurred if, within one (1) year after the date of first delivery of the assistive device, either of the following applies: (1) The same nonconformity has been subject to repair two (2) or more times by the manufacturer, assistive device lessor, or […]
24-5-20-10. Implied Warranties Regarding Nonconformity
Sec. 10. Notwithstanding any other law, in addition to any express warranty furnished by the manufacturer of an assistive device, the manufacturer is also considered to have warranted both of the following for a period of one (1) year from the date of first delivery to the consumer purchasing or leasing the assistive device in […]
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 […]
24-5-20-12. 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.
24-5-20-1. 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.