70A-2-802 - Definitions.
70A-2-802. Definitions.
As used in this chapter:
(1) "Assistive technology" means any new device or equipment, including ademonstrator, with a retail price of $1,000 or more, which is used for a major life activityincluding breathing, walking, standing, speaking, hearing, seeing, communicating, learning,working, performing manual tasks, or caring for oneself.
(a) "Assistive technology" includes:
(i) manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids thatenhance the mobility of an individual;
(ii) hearing aids, telephone communication devices for the deaf (TDD), assistive listeningdevices, and other aids that enhance an individual's ability to hear or communicate; and
(iii) voice-synthesized computer modules, optical scanners, talking software, brailleprinters, and other devices that enhance an individual's ability to access print or communicate.
(b) "Assistive technology does not include batteries, nonfunctional accessories, andnormal recurring maintenance needs.
(2) "Collateral costs" means expenses incurred by a consumer in connection with therepair of a nonconformity, including the cost of sales tax and of obtaining alternative assistivetechnology.
(3) "Consumer" means any person including a public agency or other privateorganization, who acquires assistive technology on behalf of or for the benefit of an individualwho:
(a) purchases assistive technology from a manufacturer, its agent, or authorized dealer forpurposes other than resale;
(b) obtains or otherwise receives assistive technology for purposes other than resale, butonly if the transfer occurs before the expiration of any applicable express warranties;
(c) possesses the right to enforce the warranty; or
(d) leases assistive technology from an authorized lessor under a written lease.
(4) "Dealer" means a person who is in the business of selling assistive technology.
(5) "Demonstrator" means assistive technology used primarily for the purpose ofdemonstration to the public.
(6) "Disbursements" means the amount of money consumers may receive as part of adamage award based upon the pro rata share of investment by the consumers.
(7) "Early termination cost" means any expense or obligation that a lessor incurs as aresult of both the termination of a written lease before the termination date set forth in that leaseand the return of the assistive technology to the manufacturer. Early termination cost includes apenalty for prepayment under a finance arrangement.
(8) "Early termination savings" means any expense or obligation that a lessor avoids as aresult of both the termination of a written lease before the termination date set forth in that leaseand the return of assistive technology to a manufacturer which shall include an interest charge thatthe lessor would have paid to finance the assistive technology or, if the lessor does not finance theassistive technology, the difference between the total period of the lease term remaining after theearly termination and the present value of that amount at the date of the early termination.
(9) "Lease price" means the total amount for which the written lease obligates theconsumer.
(10) "Lessee" means a person who leases assistive technology as a consumer under a
written lease.
(11) "Lessor" means a person who leases assistive technology to consumers or who holdsthe lessor's rights under a written lease.
(12) "Manufacturer" means a person who manufactures or assembles assistive technologyincluding agents of that person, an importer, a distributor, a factory branch, distributor branch, andany warrantors of the manufacturer's assistive technology, but does not include a dealer or lessorof assistive technology.
(13) "Nonconformity" means any defect, condition, or malfunction which substantiallyimpairs the use, value, or safety of assistive technology, but does not include a condition, defect,or malfunction that is the result of abuse, neglect, or unauthorized modification or alternation ofthe assistive technology by the consumer.
Enacted by Chapter 166, 1997 General Session