§ 6-45-1 - Definitions.
SECTION 6-45-1
§ 6-45-1 Definitions. – The following words and phrases as used in this chapter, for the purposes ofthis chapter, have the following meanings:
(1) "Assistive technology device" means any item, piece ofequipment, or product system, whether acquired commercially off the shelf,modified, or customized, that is used or designed to be used to increase,maintain, or improve any functional capability of an individual withdisabilities. An assistive technology device system that as a whole is withinthe definition of this term is itself an assistive technology device, and inthis case this term also applies to each component product of the assistivetechnology device system that is itself ordinarily an assistive technologydevice. This term includes, but is not limited to:
(i) Wheelchairs and scooters of any kind, and other aids thatenhance the mobility or positioning of an individual, such as motorization,motorized positioning features, and the switches and controls for any motorizedfeatures;
(ii) Hearing aids, telephone communication devices forpersons who are deaf or hard of hearing, and other assistive listening devices;
(iii) Computer equipment and reading devices with voiceoutput, optical scanners, talking software, Braille printers, and other aidsand devices that provide access to text;
(iv) Computer equipment with voice output, artificiallarynges, voice amplification devices, and other alternative and augmentativecommunication devices;
(v) Voice recognition computer equipment, software andhardware accommodations, switches, and other forms of alternative access tocomputers;
(vi) Environmental control units; and
(vii) Simple mechanical aids that enhance the functionalcapabilities of an individual with disabilities.
(2) "Assistive technology device dealer" means a dealer whois in the business of selling or leasing assistive technology devices. A dealershall be an assistive technology device dealer with respect to a particularsale or lease of a product that constitutes an assistive technology device asto that sale or lease, if he or she is in the business generally of selling orleasing that product or kind of product, without regard to whether that productconstitutes an assistive technology device for other buyers.
(3) "Assistive technology device system" means the finalproduct resulting from a manufacturer customizing, adapting, reconfiguring,refitting, refurbishing, or composing into a system one or more componentproducts, whether or not new, that may be assistive technology devices orstandard products of the same or other manufacturer.
(4) "Collateral costs" means expenses incurred by a consumerin connection with the repair of a nonconformity, including the costs ofobtaining another device or service to substitute for the absence, due to anonconformity or attempt to repair, of the device sold or leased to theconsumer, if no loaner was offered to the consumer, except to the extent theperson opposing liability for these costs shall prove that incurring theseexpenses was not reasonable in light of the sophistication of and the meansreadily available to the consumer.
(5) "Conforming replacement" means a new device in goodworking order that is identical to or has functional capabilities equal to orgreater than those of the original device.
(6) "Consumer" of an assistive technology device means theperson who is a party, whether the buyer or the lessee, to the contract of saleor lease, respectively, of that device. This party may be, but is notnecessarily, the user.
(7) "Dealer" means the person who is the party, whether theseller or the lessor, to the contract with the consumer of sale or lease of thedevice.
(8) "Demonstrator" means an assistive technology device thatwould be new but for its use, since its manufacture, only for the purpose ofdemonstrating the device to the public or prospective buyers or lessees.
(9) "Early termination cost" means any expense or obligationthat a lessor incurs as a result of both the termination of a written leasebefore the termination date set forth in that lease and the return of thedevice to the manufacturer. Early termination cost includes a penalty forprepayment under a finance arrangement.
(10) "Early termination savings" means any expense orobligation that a lessor avoids as a result of both the termination of awritten lease before the termination date set forth in that lease and thereturn of the device to the manufacturer, which shall include an interestcharge that the lessor would have paid to finance the device or, if the lessordoes not finance the device, the difference between the total amount for whichthe lease obligates the consumer during the period of the lease term remainingafter the early termination and the present value of that amount at the date ofthe early termination.
(11) "Individual with disabilities" means any individual whois considered to have a mental or physical disability or impairment for thepurposes of any other law of this state or of the United States, including anyrules or regulations under this state or of the United States.
(12) "Loaner" means a device provided to the consumer for useby the user free of charge that need not be new or be identical to or havefunctional capabilities equal to or greater than those of the original device,but that meets the following conditions:
(i) It is in good working order;
(ii) It performs at a minimum the most essential functions ofthe original device, in light of the disabilities of the user; and
(iii) Any differences between it and the original device donot create a threat to safety.
(13) "Manufacturer" means:
(i) The person who manufactures or assembles an assistivetechnology device,
(ii) The person who manufactures or assembles a product thatbecomes a component product of an assistive technology device system, to theextent such product is itself ordinarily an assistive technology device, and,
(iii) Agents of a person described in subsection (13)(i) or(13)(ii) of this section, including an importer, a distributor, factory branch,distributor branch and any warrantors of the manufacturer's devices, providedthat such agents shall not include, with respect to a particular transaction,the dealer, unless the dealer is also a person described in subsection (13)(i)or (13)(ii) of this section.
(14) "Nonconformity" of an assistive technology device meansany failure of the device to conform to any applicable express or impliedwarranties that substantially impairs the use, value, or safety of the device.The implied warranties described in the preceding sentence include, but are notlimited to, the implied warranty of merchantability described in §6A-2-314 or 6A-2.1-212, and the implied warranty of fitness for a particularpurpose described in § 6A-2-315 or 6A-2.1-213 and subject to theprovisions of § 6-45-2.
(15) "Term A" means the year following the date the device isfirst delivered into the possession of the consumer.
(16) "Term B" means the two (2) years following the date thedevice is first delivered into the possession of the consumer.
(17) "User" of an assistive technology device means theindividual with a disability who, by reason of this disability, needs andactually uses that device.