216E.4 - MANUFACTURER'S DUTY TO PROVIDE REIMBURSEMENT OR A LOANER FOR TEMPORARY REPLACEMENT OF ASSISTIVE DEVICES -- PENALTIES.
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 which the warranty is
applicable, the manufacturer shall provide the consumer, at the
consumer's choice, for the duration of the repair period, either a
rental assistive device reimbursement of up to twenty dollars per
day, or a loaner, without cost to the consumer, if a loaner is
reasonably available or obtainable by the manufacturer, assistive
device lessor, or assistive device dealer, if any of the following
applies:
a. The repair period exceeds ten working days, including the
day on which the device is tendered to the manufacturer or an
assistive device dealer designated by the manufacturer for repairs.
If the assistive device dealer does not tender the assistive device
to the manufacturer in a timely enough manner for the manufacturer to
make the repairs within ten days, the manufacturer shall have a cause
of action against the assistive device dealer for reimbursement of
any penalties that the manufacturer must pay.
b. The nonconformity is the same for which the assistive
device has been tendered to the assistive device dealer for repair on
at least two previous occasions.
2. The provisions of this section regarding a manufacturer's duty
shall apply for the period of the applicable express warranty, or
until the date any repair required by the warranty is completed and
the assistive device is returned to the consumer with the
nonconformity eliminated, whichever is later, even if the assistive
device is returned after the end of the warranty period. Section History: Recent Form
98 Acts, ch 1042, §4