Section 37-31-9 – Liability of dealer or lessor.
37-31-9. Liability of dealer or lessor. Nothing in this chapter may be interpreted to make the assistive device dealer or lessor responsible for the obligations of the manufacturer. Source: SL 1996, ch 242, §10.
Section 37-31-7 – Other rights and remedies of consumer–Action for damages–Award.
37-31-7. Other rights and remedies of consumer–Action for damages–Award. This chapter does not limit rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights under this chapter is void. In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages […]
Section 37-31-8 – Restrictions on resale or lease of returned devices.
37-31-8. Restrictions on resale or lease of returned devices. No nonconforming assistive device returned by a consumer or assistive device lessor in this state, or by a consumer or assistive device lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of […]
Section 37-31-1 – Definition of terms.
37-31-1. Definition of terms. Terms used in this chapter mean: (1)”Assistive device,” any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity, including manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual; hearing aids, […]
Section 37-31-2 – Manufacturer’s warranty–Duration.
37-31-2. Manufacturer’s warranty–Duration. A manufacturer 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. The duration of the express warranty may not be less than one year after first delivery of the assistive device […]
Section 37-31-3 – Repair of nonconforming devices–Reimbursement by manufacturer–Failure to repair.
37-31-3. Repair of nonconforming devices–Reimbursement by manufacturer–Failure to repair. If a new 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 […]
Section 37-31-4 – Return of nonconforming device for replacement or refund.
37-31-4. Return of nonconforming device for replacement or refund. To receive an assistive device of comparable quality, size, and function or a refund, the consumer shall offer to transfer possession of the nonconforming assistive device to the manufacturer. Not more than thirty days after such an offer the manufacturer shall provide the consumer with an […]
Section 37-31-5 – Refund for leased nonconforming assistive device–Transfer of possession of device.
37-31-5. Refund for leased nonconforming assistive device–Transfer of possession of device. To receive a refund due under a leased assistive device, a consumer shall offer to return the nonconforming assistive device to the lessor. Not more than thirty days after such an offer, the lessor of the assistive device shall provide the refund to the […]
Section 37-31-6 – No enforcement of lease following refund to consumer.
37-31-6. No enforcement of lease following refund to consumer. No person may enforce a lease against a consumer after the consumer receives a refund due under §37-31-5. Source: SL 1996, ch 242, §6.