§ 6-45-3 - Repair of assistive technology device with nonconformity.
SECTION 6-45-3
§ 6-45-3 Repair of assistive technologydevice with nonconformity. – (a) If a new assistive technology device or demonstrator has a nonconformityand the consumer first reports that nonconformity to the manufacturer of thedevice or its authorized dealer within Term B, then the manufacturer of thedevice shall be jointly obligated together with any authorized dealer, if anassistive technology device dealer was involved in the sale or lease of thedevice, to effect any repairs as are necessary to conform the device to allwarranties, notwithstanding that those repairs might be made after theexpiration of Term B.
(b) For all purposes of this chapter, a consumer reports anonconformity when he or she:
(1) Makes any communication, written or oral, that describesa problem with the device, or that may be reasonably understood as anexpression of dissatisfaction with any aspect of the operation of the device,which communication need only indicate in any way the nature of the problem,such as an indication of the functions that the device is not achieving orachieving unsatisfactorily to the consumer, and need not be in technicallanguage or attempt to state the cause of the problem;
(2) Does not refuse to make the device available to themanufacturer or dealer for repair; and
(3) The problem indicated by the consumer's communicationconstitutes, or is caused by, a nonconformity.
(c) It shall be presumed that the consumer has made thedevice available to the manufacturer or dealer for repair if he or she allowsthe manufacturer or dealer to take it from the consumer's home or otherlocation where the user customarily uses the device. The consumer shall berequired to deliver the device to another location only upon a showing that itwould be a substantially greater hardship for the manufacturer and dealer totake the device from the consumer's home, or other location where the usercustomarily uses the device, than for the consumer to deliver the device.
(d) Whether or not the rights of the consumer provided by§ 6-45-5(a) have arisen, and in addition to the remedies relating tocollateral costs provided by this chapter, a person who is under an obligationto repair pursuant to this section is obliged immediately to provide theconsumer a loaner, if the absence of a loaner would be a threat to the safetyof the user, but in any event when the out-of-service period exceeds seven (7)days, as determined by § 6-45-4(b) and (c).