48-1406. MANUFACTURER’S DUTY TO PROVIDE REIMBURSEMENT FOR TEMPORARY REPLACEMENT OF ASSISTIVE DEVICES AND PENALTIES. (1) Whenever an assistive device covered by manufacturer’s express warranty is tendered by a consumer to a dealer from whom it was purchased or exchanged for the repair of a defect, malfunction or nonconformity to which the warranty is applicable and at least one (1) of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period, a replacement assistive device or a rental assistive device reimbursement to pay for the cost incurred by the consumer for renting a replacement assistive device. The applicable conditions are as follows:
(a) The repair period exceeds ten (10) working days, including the day on which the device is tendered to the dealer for repair; or
(b) The defect, malfunction or nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two (2) previous occasions.
(2) This section applies for the period of the manufacturer’s express warranty.
History:
[48-1406, added 1997, ch. 276, sec. 1, p. 822.]
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