§ 5004B. Replacement or refund.

340 words·~2 min read·/de/title-6/5004b

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If, after a reasonable attempt to repair, a nonconformity is not repaired, the manufacturer shall, at the direction of the consumer, do 1 of the following:

(1)Accept return of the assistive technology device and within 30 days refund to the consumer and to a holder of a perfected security interest in the consumer’s assistive technology device, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale and collateral costs; or

(2)Accept return of the assistive technology device, refund to the assistive technology device lessor and to a holder of a perfected security interest in the assistive technology device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus collateral costs; or

(3)Accept return of the assistive technology device upon delivery to the consumer of a comparable new assistive technology device.

(b)To receive a comparable new assistive technology device, a consumer shall offer to transfer possession of the nonconforming assistive technology device to the manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new assistive technology device. When the manufacturer provides the new assistive technology device, the consumer shall return the assistive technology device having the nonconformity to the manufacturer, at the manufacturer’s expense, along with any endorsements necessary to transfer real possession to the manufacturer.

(c)For the purposes of this section, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive technology device dealer’s early termination costs and the value of the assistive technology device at the lease expiration date if the lease sets forth that value, less the assistive technology device lessor’s early termination savings.

(d)No person may enforce the lease against the consumer after the consumer receives a refund.