50-697. Warranty of manufacturer who sells assistive device to consumer; repair of nonconforming assistive device; remedies of nonconformity not repaired; current value of written lease; reasonable al
50-697
50-697. Warranty of manufacturer who sells assistivedevice to consumer;repair of nonconforming assistive device; remedies of nonconformity notrepaired; current value of written lease; reasonable allowance.(a) A manufacturer who sells an assistive device to a consumer, either directlyor through an assistive device dealer, shall furnish the consumer with anexpress warranty for the assistive device. The duration of the express warrantyshall be not less than one year after first delivery of the assistive device tothe consumer. In the absence of an express warranty from the manufacturer, themanufacturer shall be deemed to have expressly warranted to the consumer of anassistive device that, for a period of one year from the date of first deliveryto the consumer, the assistive device will be free from any condition or defectwhich substantially impairs the use or the value, or both, of the assistivedevice to the consumer.
(b) If a new assistive device does not conform to an applicable expresswarranty and the consumer reports the nonconformity to the manufacturer, theassistive device lessor or any of the manufacturer's authorized assistivedevice dealers and makes the assistive device available for repair before oneyear after return delivery of the assistive device to a consumer, thenonconformity shall be repaired at no charge to the consumer.
(c) If, after a reasonable attempt to repair, the nonconformity is notrepaired, the manufacturer shall carry out the requirement set forth undersubsection (d).
(d) If, after a reasonable attempt to repair, the nonconformity is notrepaired, then at the direction of a consumer described under paragraph (1),(2), or (3) of subsection (e) of K.S.A. 50-696 and amendments thereto, themanufacturer shall do one of the following:
(1) Accept return of the assistive device and replace the assistive devicewith a comparable new assistive device and refund any collateral costs;
(2) accept return of the assistive device and refund to the consumer and toany holder of a perfected security interest in the consumer's assistive device,as their interest may appear, the full purchase price plus any finance chargeamount paid by the consumer at the point of sale and collateral costs, less areasonable allowance for use. A reasonable allowance for use may not exceedthe amount obtained by multiplying the full purchase price of the assistivedevice by a fraction, the denominator of which [is] 1,825 and thenumerator of which is the number of days that the assistive device was usedbefore the consumer first reported the nonconformity to the assistive devicedealer;
(3) with respect to a consumer described under paragraph (4) of subsection(e) of K.S.A. 50-696 and amendments thereto, accept return of the assistivedevice, refund to the assistive device lessor and to any holder of a perfectedsecurity interest in the assistive device, as their interest may appear, thecurrent value of the written lease and refund to the consumer the amount thatthe consumer paid under the written lease plus any collateral costs, less areasonable allowance for use.
(e) The current value of the written lease equals the total amount for whichthat lease obligates the consumer during the period of the lease remainingafter its early termination, plus the assistive device dealer's earlytermination costs and the value of the assistive device at the lease expirationdate if the lease sets forth that value, less the assistive device lessor'searly termination savings.
(f) A reasonable allowance for use may not exceed the amount obtained bymultiplying the total amount for which the written lease obligates the consumerby a fraction, the denominator of which is 1,825 and the numerator of which isa number of days that the consumer used the assistive device before firstreporting the nonconformity to the manufacturer, assistive device lessor orassistive device dealer.
History: L. 1996, ch. 18, § 2; July 1.