10-1-871. Definitions.

As used in this article, the term:

“Assistive technology device” means any device or equipment with a retail cost to a consumer of $1,000.00 or more, that assists a person with disabilities to perform specific tasks such as moving, walking, standing, speaking, breathing, hearing, seeing, learning, working, sleeping, reaching, grasping, or caring for himself or herself that would not be possible for such person without an assistive technology device.#

“Assistive technology device dealer” means a person who is in the business of selling assistive technology devices.#

“Assistive technology device lessor” means a person who leases an assistive technology device to a consumer, or who holds the lessor’s rights under a written lease.#

“Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive technology device or other device used for mobility assistance.#

“Consumer” means any of the following:#

1. (A)

   The purchaser of an assistive technology device, if the assistive technology device was purchased from an assistive technology device dealer or manufacturer for purposes other than resale;#

2. (B)

   A person to whom the assistive technology device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive technology device;#

3. (C)

   A person who may enforce the warranty; or#

4. (D)

   A person who leases an assistive technology device from an assistive technology device lessor under a written lease.#

“Demonstrator” means an assistive technology device used primarily for the purpose of demonstration to the public.#

“Early termination cost” means any expense or obligation that an assistive technology device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive technology device to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-873. “Early termination cost” includes a penalty for prepayment under a finance arrangement.#

“Early termination savings” means any expense or obligation that an assistive technology device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive technology device to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-873. “Early termination savings” includes an interest charge that the assistive technology device lessor would have paid to finance the assistive technology device or, if the assistive technology device lessor does not finance the assistive technology device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.#

“Manufacturer” means a person who manufactures or assembles assistive technology devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer’s assistive technology devices but does not include an assistive technology device dealer.#

“Nonconformity” means a condition or defect that substantially impairs the use, value, or safety of an assistive technology device, and that is covered by an express warranty applicable to the assistive technology device or to a component of the assistive technology device, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive technology device by a consumer.#

“Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new assistive technology device or within one year after first delivery of the assistive technology device to a consumer, whichever is sooner:#

1. (A)

   The same nonconformity with the warranty is subject to repair at least four times by the manufacturer, assistive technology device lessor, or any of the manufacturer’s authorized assistive technology device dealers and the nonconformity continues; or#

2. (B)

   The assistive technology device is out of service for an aggregate of at least 30 days because of warranty nonconformities.#