§ 6-45-5 - Replacement or refund for device.
SECTION 6-45-5
§ 6-45-5 Replacement or refund for device.– (a) If, after a reasonable number of attempts to repair, a nonconformitydevelops in a new assistive technology device or demonstrator, the manufacturershall carry out the requirement under subsections (a)(1) and (a)(2) of thissection, at the sole option of the consumer upon his or her request for it:
(1) In the case of a sale, the manufacturer shall refund tothe consumer and to any holder of a perfected security interest, as theirinterest may appear, the full purchase price plus any finance charge or salestax paid by the consumer at the point of sale and collateral costs, less areasonable allowance for use.
(ii) In the case of a lease, the manufacturer shall refund tothe lessor and to any holder of a perfected security interest, as theirinterest may appear, the current value of the lease and refund to the consumerthe amount that the consumer paid under the lease plus any collateral costs,less a reasonable allowance for use.
(2) The manufacturer shall provide a conforming replacement.
(b) To receive the refund described in subsection (a)(1) ofthis section or the replacement described in subsection (a)(2) of this section,the consumer shall offer to the manufacturer of the device or its authorizeddealer to transfer possession of the device.
(2) The manufacturer shall make the refund required by thissection within fourteen (14) calendar days after the offer described in thissubsection.
(3) The manufacturer shall make the replacement required bythis section within thirty (30) calendar days after the offer described in thissubsection.
(4) If the replacement required by this section is not madewithin fourteen (14) calendar days after the offer described in thissubsection, then the manufacturer shall provide the consumer a loaner for useuntil replacement is made.
(5) The manufacturer may require that, simultaneously withthe manufacturer timely making the refund payment described in subsection(a)(1) of this section or the replacement described in subsection (a)(2) ofthis section, the consumer shall deliver possession of the original device tothe manufacturer or its authorized dealer and sign any documents necessary to,or to provide reasonable evidence of, a transfer of title and possession of thedevice to any person as the manufacturer shall designate.
(6) The manufacturer may impose the requirements described insubsection (b)(5) of this section only if:
(i) The time and place of the mutual activities described insubsections (b)(2), (b)(3), and (b)(5) of this section are readily accessibleto the consumer; and
(ii) The manufacturer provides the consumer a writing that isreceived no later than four (4) business days before the time of these mutualactivities, and states in clear and understandable language the time and placeof these mutual activities and the requirements allowed by subsection (b)(5) ofthis section that the consumer must meet at that time and place.
(c) A reasonable allowance for use shall be that amountobtained by multiplying the full purchase price (or in the case of a lease, thetotal amount for which the lease obligates the consumer) by a fraction, thedenominator of which is the number of days in the useful life of the device andthe numerator of which is the number of days after delivery of the device tothe consumer and prior to the beginning of the first out-of-service period asdefined in § 6-45-4(b).
(d) As used in subsection (c) of this section, the usefullife of the device equals the greater of:
(1) Five (5) years, or
(2) Any other time that the consumer may prove to be theexpected useful life of devices of the same kind.
(e) The current value of the lease equals the total amountfor which that lease obligates the consumer during the period of the leaseremaining after its early termination, plus the lessor's early terminationcosts and the value of the device at the lease expiration date, less thelessor's early termination savings.
(f) In the case of a manufacturer of an assistive technologydevice system of which one or more component products are not new, if thedealer gives the consumer, prior to his or her decision to enter into the saleor lease, a written statement specifying the component products that are notnew, and containing the following statement: "You will not havereplace-or-refund rights under the Assistive Technology Lemon Law for thecomponent products listed on this sheet," then the manufacturer shall not havethe duties and liabilities of a manufacturer under this section with respect tothese component products, but only with respect to component products that arenew and to the work performed by the manufacturer in creating the assistivetechnology device system.