§2763.  Express warranties; time limit to conform; duty to repair

A.  A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device.  The express warranty shall be in effect for no less than one year from the date the assistive device is first delivered to the consumer.  If a manufacturer fails to furnish an express warranty as required by this Section, the assistive device shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this Section.

B.  If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer/agency shall do both of the following:

(1)  Report the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized device dealers.

(2)  Make the assistive device available for repair within an applicable express warranty period.

C.  Once a nonconformity is reported and the assistive device is made available for repair, the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers shall make an attempt to repair the nonconformity.

Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.