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151B.325 Manufacturer's duty to provide substitute assistive device or rental reimbursement during warranty repair -- Conditions.

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Page 1 of 1 151B.325 Manufacturer's duty to provide substitute assistive device or rental reimbursement during warranty repair -- Conditions. (1) Whenever an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for <br>the repair of a defect, malfunction, or nonconformity to which the warranty is <br>applicable, and at least one (1) of the following conditions exists, the manufacturer <br>shall provide directly to the consumer for the duration of the repair period, a <br>comparable replacement assistive device or a rental assistive device reimbursement <br>to pay for the cost incurred by the consumer for renting a comparable replacement <br>assistive device. The applicable conditions are as follows: <br>(a) The repair period exceeds ten (10) working days, including the day on which the device is tendered to the dealer for repair; or (b) The defect, malfunction, or nonconformity is the same one for which the assistive device has been tendered to the dealer for repair on at least two (2) <br>previous occasions. (2) This section applies for the period of the manufacturer's express warranty or the period prescribed in KRS 151B.305(2), whichever is greater, whether or not the <br>repairs extend beyond that period. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 221, sec. 6, effective July 15, 1998.