216E.1 Definitions. As used in this chapter, unless the context otherwise provides: 1. “Assistive device” means any item, piece of equipment, or product system which is purchased, or whose transfer is accepted in this state, and which is used to increase, maintain, or improve the functional capabilities of individuals with disabilities concerning a major life […]
216E.2 Express warranties. 1. A manufacturer or assistive device lessor who sells or leases an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device, warranting the assistive device to be free of any nonconformity. The duration of the express […]
216E.3 Assistive device replacement or refund. 1. If an assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer’s authorized assistive device dealers, and makes the assistive device available for repair before one year after first delivery […]
216E.4 Manufacturer’s duty to provide reimbursement or a loaner for temporary replacement of assistive devices — penalties. 1. Whenever an assistive device covered by a manufacturer’s express warranty is tendered by a consumer to the dealer from whom the assistive device was purchased or exchanged for the repair of any defect, malfunction, or nonconformity to […]
216E.5 Nonconformity disclosure requirement. An assistive device returned by a consumer or assistive device lessor in this state or any other state for nonconformity shall not be sold or leased again in this state unless full written disclosure of the reason for return is made to any prospective buyer or lessee by the manufacturer, assistive […]
216E.6 Remedies. 1. This chapter shall not limit rights or remedies available to a consumer under any other law. 2. Any waiver of rights by a consumer under this chapter is void. 3. In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of […]
216E.7 Exemptions. This chapter does not apply to a hearing aid sold, leased, or transferred to a consumer by an audiologist licensed under chapter 154F, or a hearing aid specialist licensed under chapter 154A, if the audiologist or specialist provides either an express warranty for the hearing aid or provides for service and replacement of […]
