§ 14-5002
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/md/commercial-law/14-5002A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§14–5002.
(a)This section applies only to documentation, parts, embedded software, firmware, or tools that are necessary for an independent repair provider or owner to perform services with respect to the following parts:
(1)Batteries and battery chargers;
(2)Nonprogrammable joysticks;
(3)Joystick housings or brackets;
(4)Wheel assemblies;
(5)Nonpositioning accessories;
(6)Anti–tip devices;
(7)Except for positioning components designed for adjustment by a therapist or an assistive technology professional, armrests;
(8)Caster spheres;
(9)Cosmetic shrouding; and
(10)Nonpowered leg lowerers.
(b)Except as provided in subsection
(d)of this section, to provide services for equipment in the State, a manufacturer shall, on fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer’s equipment any documentation, parts, embedded software, firmware, or tools that are intended for use with the equipment or any part, including updates to documentation, parts, embedded software, firmware, or tools.
(1)For equipment that contains an electric security lock or other security–related functions, a manufacturer shall, on fair and reasonable terms and costs, make available to independent repair providers any documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services.
(2)The manufacturer may make the documentation, parts, embedded software, firmware, or tools available to independent repair providers and owners through appropriate secure release systems.
(1)The requirements of subsection
(b)of this section do not apply to:
(i)A part that is no longer available to the original manufacturer; and
(ii)Conduct that would require the manufacturer to divulge a trade secret, unless compliance with subsection
(b)of this section is necessary to provide services on the grounds that the documentation, part, embedded software, firmware, or tool is itself a trade secret.
(2)A manufacturer may make redactions to remove trade secrets from the documentation before providing the documentation if the usability of the redacted documentation is not diminished for purposes of providing services.
(e)A manufacturer is not liable for faulty or improper repairs provided by independent repair providers or owners, including faulty or improper repairs that cause:
(1)Damage to equipment that occurs during the repairs;
(2)Any direct, incidental, special, or consequential damages; or
(3)An inability to use, or a reduced functionality of, equipment that results from the faulty or improper repair.