70A-2-804 - Nonconforming assistive technology -- Remedies.
70A-2-804. Nonconforming assistive technology -- Remedies.
(1) (a) If assistive technology does not conform to any applicable warranties, and theconsumer reports the nonconformity to the manufacturer, its agent, or authorized dealer or lessorwithin one year from the date of original delivery to the consumer, the manufacturer, its agent, orauthorized dealer or lessor shall make repairs necessary to conform the assistive technology to thewarranties, whether or not the repairs are made after one year from the date of original delivery.
(b) Repairs, including parts and labor, made under warranty shall be at no charge to theconsumer.
(2) After a reasonable attempt to repair the assistive technology, if the manufacturer, itsagent, or authorized dealer or lessor is unable to conform the assistive technology to applicablewarranties by repairing or correcting any defect, condition, or malfunction that substantiallyimpairs the use, value, or safety of the assistive technology, the manufacturer shall, within 30days of notice from and at the direction of the consumer:
(a) (i) replace the assistive technology with comparable new assistive technology; and
(ii) refund any collateral costs; or
(b) (i) accept return of the assistive technology; and
(ii) refund:
(A) the full purchase price, collateral costs, and any finance charges paid at the point ofsale; minus
(B) a reasonable allowance for the use of the assistive technology.
(3) (a) A "reasonable attempt to repair" has been made to conform assistive technology toapplicable warranties if:
(i) the assistive technology has been subject to repair three or more times, for the samereason, by the manufacturer, its agent, or authorized dealer or lessor; or
(ii) the assistive technology is out of service to the consumer for an aggregate of 30 ormore calendar days because of warranty nonconformities.
(b) The 30-day period described in Subsection (3)(a)(ii) shall begin on the day theconsumer first makes the assistive technology available for repair to the manufacturer, its agent,or authorized dealer or lessor.
Amended by Chapter 200, 1999 General Session