44-1351. Definitions

In this article, unless the context otherwise requires:

1. " Assistive device" means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state and that is used to assist an individual with a disability as described in the Americans with disabilities act of 1990 (P.L. 101-336; 104 Stat. 328; 42 United States Code sections 12101 through 12213) in connection with a major life activity including mobility, vision, speech, communication, maneuvering and manipulation of a consumer's environment. Assistive device includes:

(a) A manual or motorized wheelchair, a motorized scooter and any device that enhances the mobility or functional capability of a consumer.

(b) A voice synthesized computer module, an optical scanner, talking software, a braille printer and any device that enables a sight-impaired consumer's ability to communicate.

(c) An environmental control unit, a motor vehicle modification or any other similar device that enables an individual with a disability to communicate, see, hear, speak, maneuver or manipulate the consumer's environment.

2. " Assistive device dealer" means a person who is in the business of selling new assistive devices.

3. " Assistive device lessor" means a person who leases a new assistive device to a consumer under a written lease or holds the rights of a lessor under a written lease.

4. " Collateral cost" means an expense incurred by an assistive device lessor or a consumer in connection with the repair of a nonconformity, including the costs of sales tax and of obtaining an alternative assistive device. Collateral cost includes the cost to the consumer of returning a nonconforming assistive device.

5. " Consumer" means any of the following:

(a) An individual or entity that purchases a new assistive device if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale.

(b) An individual or entity to which the assistive device is transferred for purposes other than resale and if the transfer occurs before the expiration of an express warranty applicable to the assistive device.

(c) An individual or entity that may enforce any warranty applicable to the new assistive device.

(d) An individual or entity that leases a new assistive device from an assistive device lessor under a written lease.

6. " Current value of the written lease" means the total amount for which the lease obligates the consumer during the period remaining after its early termination plus the assistive device dealer's termination costs and the value of the assistive device at the lease expiration date if the lease sets forth a date minus the assistive device lessor's early termination costs.

7. " Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public.

8. " Early termination cost" means any expense or obligation, including a penalty for prepayment under a finance arrangement, that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date written in the lease and the return of an assistive device to a manufacturer pursuant to this article.

9. " Early termination saving" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date written in the lease and the return of an assistive device to a manufacturer pursuant to this article, including either:

(a) An interest charge that the assistive device lessor would have paid to finance the assistive device.

(b) The difference between the total lease obligation amount during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination, if the assistive device lessor does not finance the assistive device.

10. " Manufacturer" means a person who manufactures or assembles assistive devices and the agents of that person, including an importer, a distributor, a factory branch, a distributor branch or a warrantor of an assistive device but does not include an assistive device dealer.

11. " Nonconformity" means a defect, malfunction or condition that substantially impairs the use, safety or value of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, excluding a defect, malfunction or condition that is the result of either:

(a) An accident involving the assistive device or from abuse, neglect, modification or alteration of the assistive device by any person other than the manufacturer or the manufacturer's agent or distributor or an authorized assistive device dealer or assistive device lessor.

(b) Normal use that could be resolved through fitting adjustments, cleaning or proper use.

12. " Reasonable attempt to repair" means within the terms of an express warranty that applies to a new assistive device either:

(a) Any nonconformity that is covered by the warranty and that has been repaired at least twice by the manufacturer or the manufacturer's authorized assistive device dealer or the assistive device lessor and the same nonconformity continues.

(b) The new assistive device is out of service for repair for an aggregate of at least thirty cumulative days due to a nonconformity covered by the warranty.