§ 4462 - Terms of sale; 45-day trial period
§ 4462. Terms of sale; 45-day trial period
(a) All sales contracts for equipment sold by licensees in private practice to persons in this state, including, but not limited to, hearing aids and augmentative communications devices, shall contain a clause which requires the licensee to refund the full product price of the equipment, except for the cost of ear molds and service, up to 45 days from the date of delivery of any new or substantially refabricated equipment or aid if, in the opinion of the consumer, the equipment or aid is not satisfactory. If the returned equipment or aid is damaged while in the possession of the consumer, the amount refunded shall be reduced by the reasonable amount of the damage. The equipment or aid may not be sold thereafter as new. For purposes of this subsection, "cost of service" means the actual cost of the service provided to fit the hearing aid or install or prepare the equipment, but shall not exceed five percent of the sale price or $50.00, whichever is greater.
(b) The complete terms of the sale, including the terms of the 45-day trial period, the individual prices for goods and services sold and such other information as the director may require, shall be disclosed, in writing, to the consumer before the sale is completed.
(c) If the equipment or hearing aid is in the possession of the licensee, manufacturer, repair person or their agents during the trial period, the period of time the equipment or hearing aid is in such possession shall not be included in the calculation of the 45-day trial period. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003.)