For purposes of this chapter, the following words, terms and phrases shall have the meanings herein ascribed to them, except when the context clearly indicates a different meaning:

(1) “Assistive technology device” means any item, piece of equipment, or product system that is designed and used to increase, maintain, or improve functional capabilities of individuals with disabilities; whether acquired commercially or “off-the-shelf,” modified, customized, or currently or previously used as a demonstrator. An assistive technology device system that, as a whole, is within the definition of this term is itself an assistive technology device, and in this case this term also applies to each component product of the assistive technology device system that is itself ordinarily an assistive technology device. This term includes, but is not limited to:

a. Motorized and manually operated wheelchairs, personal mobility equipment, and other devices or aids of any kind that enhance the mobility or positioning of an individual with a disability, such as motorization, motorized positioning features, and the switches and controls for any motorized features;

b. Hearing aids, telephone communication devices for persons who are deaf or hard of hearing, assistive listening devices, and other hearing and communication assistive technology;

c. Computer equipment and reading devices with voice output, optical scanners, talking software, Braille printers, and other aids and devices that provide access to text;

d. Computer equipment and communication devices with voice output, artificial larynges, voice amplification devices, and other alternative and augmentative communication devices;

e. Voice recognition computer equipment, software and hardware accommodations, switches, and other alternative access to computers;

f. Environmental control units designed for or used by individuals with disabilities; and

g. Mechanical aids that increase, maintain or improve the functional capabilities or health and safety of an individual with disabilities.

(2) “Assistive technology device dealer” means a person or entity in the business of selling new assistive technology devices.

(3) “Assistive technology device lessor” means a person or entity who leases new assistive technology devices to consumers, or who holds the lessor’s rights, under a written lease.

(4) “Assistive technology device system” means the final product resulting from a manufacturer customizing, adapting, reconfiguring, refitting, refurbishing or composing into a system 1 or more component products, whether or not new, that may be assistive technology devices or standard products of the same or other manufacturer.

(5) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive technology device.

(6) “Consumer” includes any of the following:

a. The purchaser of an assistive technology device, including any insurer or governmental agency or instrumentality, if the assistive technology device was purchased from an assistive technology device dealer or manufacturer for purposes other than resale;

b. A person to whom the assistive technology device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive technology device;

c. A person who may enforce the warranty; or

d. A person who leases an assistive technology device from an assistive technology device lessor under a written lease.

(7) “Demonstrator” means an assistive technology device used primarily for the purpose of demonstration to the public.

(8) “Early termination cost” means an expense or obligation that an assistive technology device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive technology device to the manufacturer. The term includes a penalty for prepayment under a finance arrangement.

(9) “Early termination savings” means an expense or obligation that an assistive technology device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive technology device to a manufacturer. The term includes an interest charge that the assistive technology device lessor would have paid to finance the assistive technology device or, if the assistive technology device lessor does not finance the assistive technology device, the difference between the total period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

(10) “An individual with disabilities” means a person who has 1 or more physical or mental impairments that restrict or limit that person’s ability to perform activities of daily living or limit that person’s capacity to live independently.

(11) “Manufacturer” means a person who manufactures or assembles assistive technology devices and agents of that person, including any importer, distributor, factory branch, distributor branch, or a warrantor of the manufacturer’s assistive technology device. The term does not include an assistive technology device dealer or lessor, unless the manufacturer acts directly as an assistive technology dealer or lessor.

(12) “Nonconformity” means a specific or generic condition, defect, or malfunction that substantially impairs the use, value, or safety of an assistive technology device.

(13) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new assistive technology device:

a. The consumer tenders the assistive technology device to the manufacturer, assistive technology device lessor, or any of the manufacturer’s authorized assistive technology device dealers for repair at least 2 times; or

b. The assistive technology device is out of service for an aggregate of at least 30 cumulative days because of a warranty nonconformity.

74 Del. Laws, c. 278, § 1; 70 Del. Laws, c. 186, § 1.