§ 2468. Warranty
(a) A manufacturer who sells or leases an assistive device, only of the types listed in
subdivisions 2467(1)(A) and (B) of this title, to a consumer, either directly or through
an assistive device dealer, shall furnish the consumer with an express warranty for
the assistive device. By the terms of or in the absence of an express warranty from
the manufacturer, the manufacturer shall be deemed to have expressly warranted to
the consumer of an assistive device, only as defined in subdivisions 2467(1)(A) and
(B) of this title, that, for a period of at least one year from the date of first
delivery to the consumer, the assistive device:
(1) has no defects in parts or performance; and
(2) is free from any condition and defect that would substantially impair the device’s
use, value, or safety to the consumer.
(b) The manufacturer, through the assistive device lessor or assistive device dealer,
shall provide the consumer with a loaner if the assistive device, listed in subdivisions
2467(1)(A) and (B) of this title, has any condition or defect that would substantially
impair the device’s use, value, or safety to the consumer and that cannot be remedied
within one business day.
(c) If a new assistive device listed in subdivisions 2467(1)(A) and (B) of this title
does not conform to an applicable express warranty and the consumer reports the nonconformity
to the manufacturer, the assistive device lessor, or any of the manufacturer’s authorized
assistive device dealers, and makes the assistive device available for repair before
one year after return delivery of the assistive device to the consumer, the nonconformity
shall be repaired at no charge to the consumer, including parts, labor, shipping,
delivery, and all other costs.
(d) If, after a reasonable attempt to repair, the nonconformity is not repaired, then
at the direction of a consumer described in subdivisions 2467(5)(A), (B) or (C) of
this title, the manufacturer shall do one of the following:
(1) Accept return of the assistive device and replace the assistive device with a comparable
new assistive device and refund any collateral costs.
(2) Accept return of the assistive device and refund to the consumer and to any holder
of a perfected security interest in the consumer’s assistive 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, less a reasonable allowance for use. A
reasonable allowance for use may not exceed the amount obtained by multiplying the
full purchase price of the assistive device by a fraction, the denominator of which
is 1,825 and the numerator of which is the number of days that the assistive device
was used before the consumer first reported the nonconformity to the assistive device
dealer.
(3) With respect to a consumer described in subdivision 2467(5)(D) of this title, accept return of the assistive device, refund to the assistive device lessor and
to any holder of a perfected security interest in the assistive 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 any collateral costs,
less a reasonable allowance for use.
(e) 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 device dealer’s early termination costs and the value of the assistive
device at the lease expiration date if the lease sets forth that value, less the assistive
device lessor’s early termination savings.
(f) A reasonable allowance for use may not exceed the amount obtained by multiplying the
total amount for which the written lease obligates the consumer by a fraction, the
denominator of which is 1,825 and the numerator of which is a number of days that
the consumer used the assistive device before first reporting the nonconformity to
the manufacturer, assistive device lessor or assistive device dealer.
(g) None of the requirements of this subchapter shall be construed to diminish existing
assistive device warranties. (Added 1999, No. 104 (Adj. Sess.), § 1; amended 2021, No. 20, § 18.)