§ 6-45-4 - Reasonable number of attempts to repair.
SECTION 6-45-4
§ 6-45-4 Reasonable number of attempts torepair. – (a) A "reasonable number of attempts to repair" an assistive technology devicewith a nonconformity means the occurrence of one or both of the following:
(1) The same nonconformity, that is first reported duringTerm A, is subject to repair two (2) or more times during Term B.
(2) The device is out-of-service for an aggregate of thirty(30) or more calendar days during Term A because of one or more nonconformities.
(b) For purposes of counting the days for which a device isout-of-service because of one or more nonconformities, an out-of-service periodshall begin with and include the day which is the later of:
(1) The day the nonconformity first appears, or
(2) The business day prior to the day on which the consumerfirst reports the nonconformity to the manufacturer of the device or itsauthorized dealer.
(c) For purposes of counting the days for which a device isout-of-service because of one or more nonconformities, an out-of-service periodshall end with and include, the day on which the device is returned afterrepair, and is then free of nonconformities, to the possession of the consumer,unless this return is made by 10:00 a.m. of that day, in which case theout-of-service period shall end with and include the previous day.
(d) In the event an out-of-service period has commencedduring Term A, then for purposes of subsection (a)(2) of this section, Term Ashall continue until the end of this out-of-service period.