Section 6-45-1. – Definitions.

§ 6-45-1. Definitions. The following words and phrases as used in this chapter, for the purposes of this chapter, have the following meanings: (1) “Assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used or designed to be used to increase, […]

Section 6-45-2. – Effect on implied warranties of Uniform Commercial Code.

§ 6-45-2. Effect on implied warranties of Uniform Commercial Code. (a) For purposes of §§ 6A-2-314 or 6A-2.1-212 and §§ 6A-2-315 or 6A-2.1-213, with respect to a sale or a lease of an assistive technology device, the term “seller” or “lessor” includes the manufacturer of the device. (b) For purposes of §§ 6A-2-315 or 6A-2.1-213, […]

Section 6-45-3. – Repair of assistive technology device with nonconformity.

§ 6-45-3. Repair of assistive technology device with nonconformity. (a) If a new assistive technology device or demonstrator has a nonconformity and the consumer first reports that nonconformity to the manufacturer of the device or its authorized dealer within Term B, then the manufacturer of the device shall be jointly obligated, together with any authorized […]

Section 6-45-4. – Reasonable number of attempts to repair.

§ 6-45-4. Reasonable number of attempts to repair. (a) A “reasonable number of attempts to repair” an assistive technology device with a nonconformity means the occurrence of one or both of the following: (1) The same nonconformity that is first reported during Term A is subject to repair two (2) or more times during Term […]

Section 6-45-5. – Replacement or refund for device.

§ 6-45-5. Replacement or refund for device. (a) If, after a reasonable number of attempts to repair, a nonconformity develops in a new assistive technology device or demonstrator, the manufacturer shall carry out the requirement under subsections (a)(1) and (a)(2) at the sole option of the consumer upon his or her request for it: (1)(i) […]

Section 6-45-6. – Nonconformity disclosure requirement.

§ 6-45-6. Nonconformity disclosure requirement. (a) No assistive technology device returned by a consumer in this state or any other state by reason of problems with its performance, fitness, quality, or functioning may be sold or leased again in this state unless full written disclosure is made to any prospective buyer or lessor of any […]

Section 6-45-7. – Remedies.

§ 6-45-7. Remedies. (a) In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of this chapter, plus taxable costs and reasonable attorneys’ fees. For a violation of any of the obligations provided by § 6-45-5(a), whether relative to a refund as described in […]