69-2615. Manufacturer; consumer; assistive device lessor; duties.
(1) The manufacturer shall:
(a) Accept an offer to return or an offer to transfer possession of any nonconforming assistive device by a consumer. Within thirty days after such offer, the manufacturer shall provide the consumer with a comparable new assistive device or refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device, as the interest may appear, the amount paid by the consumer at the point of sale, plus any finance charge and collateral costs, less a reasonable allowance for use; or
(b) Accept an offer to return or an offer to transfer possession of any nonconforming assistive device by an assistive device lessor. Within thirty days after such offer, the manufacturer shall provide the assistive device lessor with a comparable new assistive device or refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as the interest may appear, the amount paid by the assistive device lessor at the time of purchase, plus any finance charge and collateral costs incurred by both the assistive device lessor and the consumer, and the amount paid by the consumer to date under the written lease, less a reasonable allowance for use.
(2)(a) To receive a comparable new assistive device or a refund, a consumer shall:
(i) Offer to return the assistive device having the nonconformity to its manufacturer. When the manufacturer provides a comparable new assistive device or a refund pursuant to subdivision (1)(a) of this section, the consumer shall return to the manufacturer the assistive device having the nonconformity; or
(ii) Offer to transfer possession of the assistive device having the nonconformity to the manufacturer of the assistive device. When the manufacturer provides the comparable new assistive device or a refund pursuant to subdivision (1)(a) of this section, the consumer shall return the assistive device having the nonconformity to the manufacturer along with any endorsements necessary to transfer real possession to the manufacturer.
(b) If the consumer has leased the assistive device from an assistive device lessor, the consumer shall return the assistive device having a nonconformity to the assistive device lessor. The assistive device lessor shall provide to the consumer from the manufacturer a comparable new assistive device or a refund pursuant to subdivision (3)(b) of this section.
(3)(a) To receive a comparable new assistive device or a refund, an assistive device lessor shall:
(i) Offer to return the assistive device having the nonconformity to its manufacturer. When the manufacturer provides a comparable new assistive device or a refund pursuant to subdivision (1)(b) of this section, the assistive device lessor shall return the nonconforming assistive device to the manufacturer; or
(ii) Offer to transfer possession of the assistive device having the nonconformity to its manufacturer. When the manufacturer provides a comparable new assistive device or a refund pursuant to subdivision (1)(b) of this section, the assistive device lessor shall return the nonconforming assistive device to the manufacturer along with any endorsements necessary to transfer real possession to the manufacturer.
(b) The assistive device lessor shall refund to the consumer the amount that the consumer paid under the written lease and collateral costs paid by the consumer, less a reasonable allowance for use.
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