216E.1 - DEFINITIONS.
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 activity. "Assistive device" does not mean any
medical device, surgical device, or organ implanted or transplanted
into or attached directly to an individual. "Assistive device"
does not mean any device for which a certificate of title is issued
by the state department of transportation but does mean any item,
piece of equipment, or product system otherwise meeting the
definition of "assistive device" that is incorporated, attached,
or included as a modification in or to such a certificated device.
2. "Assistive device dealer" means a person who is in the
business of selling assistive devices.
3. "Assistive device lessor" means a person who leases
assistive devices to consumers, or who holds the lessor's rights,
under a written lease.
4. "Collateral costs" means expenses incurred by a consumer
in connection with the repair of a nonconformity, including the cost
of shipping, sales tax, and of obtaining an alternative assistive
device.
5. "Consumer" means any one of the following:
a. The purchaser of an assistive device, if the assistive
device was purchased from an assistive device dealer or manufacturer
for purposes other than resale.
b. A person to whom the assistive device is transferred for
purposes other than resale, if the transfer occurs before the
expiration of an express warranty applicable to the assistive device.
c. A person who may enforce the warranty.
d. A person who leases an assistive device from an assistive
device lessor under a written lease.
6. "Demonstrator" means an assistive device used primarily
for the purpose of demonstration to the public.
7. "Early termination costs" means any expense or obligation
that an assistive device lessor incurs as a result of both the
termination of a written lease before the termination date set forth
in the lease and the return of an assistive device to the
manufacturer. "Early termination costs" includes a penalty for
prepayment under a finance arrangement.
8. "Early termination savings" means any expense or
obligation that an assistive device lessor avoids as a result of both
the termination of a written lease before the termination date set
forth in the lease and the return of an assistive device to a
manufacturer which shall include an interest charge that the
assistive device lessor would have paid to finance the assistive
device or, if the assistive device lessor does not finance the
assistive device, the difference between the total payments remaining
for the period of the lease term remaining after the early
termination and the present value of those remaining payments at the
date of the early termination.
9. "Loaner" means an assistive device, provided free of
charge to the consumer, for use by the consumer, that need not be new
or be identical to, or have functional capabilities equal to or
greater than, those of the original assistive device, but that meets
all of the following conditions:
a. The loaner is in good working order.
b. The loaner performs, at a minimum, the most essential
functions of the original assistive device, in light of the
disabilities of the consumer.
c. Any differences between the loaner and the original
assistive device do not create a threat to the consumer's health or
safety.
10. "Major life activity" includes functions such as caring
for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, or working.
11. "Manufacturer" means a person who manufactures or
assembles assistive devices and agents of that person, including an
importer, a distributor, a factory branch, distributor branch, and
any warrantors of the assistive device, but does not include an
assistive device dealer or assistive device lessor.
12. "Nonconformity" means any defect, malfunction, or
condition which substantially impairs the use, value, or safety of an
assistive device or any of its component parts, but does not include
a condition, defect, or malfunction that is the result of abuse,
neglect, or unauthorized modification or alteration of the assistive
device by the consumer.
13. "Reasonable attempt to repair" means any of the following
occurring within the terms of an express warranty applicable to a new
assistive device or within one year after first delivery of the
assistive device to a consumer, whichever is sooner:
a. The manufacturer, assistive device lessor, or any of the
manufacturer's authorized assistive device dealers accepts return of
the new assistive device for repair at least two times.
b. The manufacturer, assistive device lessor, or any of the
manufacturer's authorized assistive device dealers places the
assistive device out of service for an aggregate of at least thirty
cumulative days because of warranty nonconformities. Section History: Recent Form
98 Acts, ch 1042, §1; 2006 Acts, ch 1159, §9, 10
Referred to in § 321.1