§ 2467. Definitions
As used in this subchapter:
(1) “Assistive device” means an item, piece of equipment, or product system, whether acquired
commercially off-the-shelf, modified, or customized, that is used or designed to be
used to increase, maintain, or improve any functional capability of an individual
with disabilities. An assistive device system, that as a whole is within the definition
of this term, is itself an assistive device, and, in such cases, this term also applies
to each component product of the assistive device system that is itself ordinarily
an assistive device. For this section only and no other purposes, this term is limited
to:
(A) wheelchairs and scooters of any kind, including all their assistive devices and components
that enhance the mobility or positioning of an individual, such as motorization, motorized
positioning features, and the switches and controls for any motorized features; and
(B) computer equipment with voice output, artificial larynges, voice amplification devices,
and other alternative and augmentative communication devices or any devices used for
the purpose of communication.
(2) “Assistive device dealer” means a person who is in the business of selling assistive
devices to consumers.
(3) “Assistive device lessor” means a person who leases an assistive device to a consumer,
or who holds the lessor’s rights, under a written lease.
(4) “Collateral costs” means expenses incurred by a consumer in connection with the repair
of a nonconformity, including the costs of obtaining an alternative assistive device.
(5) “Consumer” means any of the following:
(A) the purchaser of an assistive device, if the assistive device was purchased from an
assistive device dealer or manufacturer for purposes other than resale;
(B) a person to whom the assistive device is transferred for purposes other than resale,
if the transfer occurs before the expiration of an express warranty applicable to
the assistive device;
(C) a person who may enforce the warranty; and
(D) a person who leases an assistive device from an assistive device lessor under a written
lease.
(6) “Demonstrator” means an assistive device used primarily for the purpose of demonstration
and tryout to the public.
(7) “Early termination cost” means any expense or obligation that an assistive 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 device to a manufacturer
pursuant to this section. Early termination cost includes a penalty for prepayment
under a finance arrangement.
(8) “Early termination saving” means any expense or obligation that an assistive device
lessor avoids as a result of both the termination of a written lease before that termination
date set forth in that lease and the return of an assistive device to a manufacturer
pursuant to this section. Early termination saving includes an interest charge that
the assistive device lessor would have paid to finance the assistive device or, if
the assistive device lessor does not finance the assistive 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.
(9) “Loaner” means an assistive technology device that is loaned to the user without charge
while repairs are made to the user’s assistive technology device.
(10) “Manufacturer” means a person who manufactures or assembles assistive devices and
agents of that person, including an importer, a distributor, factory branch, distributor
branch, and any warrantors of the manufacturer’s assistive device, but does not include
an assistive device dealer.
(11) “Nonconformity” means a condition or defect that substantially impairs the use, value,
or safety of an assistive device and that is covered by an express warranty applicable
to the assistive device or to a component of the assistive device, but does not include
a condition or defect that is the result of abuse, use that exceeds the manufacturer’s
recommendations, neglect, or unauthorized modification or alteration of the assistive
device by a consumer.
(12) “Reasonable attempt to repair” means, within the terms of an express warranty applicable
to a new assistive device:
(A) any nonconformity within the warranty that is either subject to repair by the manufacturer,
assistive device lessor, or any of the manufacturer’s authorized assistive device
dealers, for at least three times and a nonconformity continues; or
(B) the assistive device is out of service for an aggregate of at least 30 cumulative
days because of warranty nonconformity. (Added 1999, No. 104 (Adj. Sess.), § 1.)