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1997 SESSION

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SB 1160 Assistive Technology Device Warranties Act.

Introduced by: Jane H. Woods | all patrons    ...    notes | add to my profiles

SUMMARY:

Trade and Commerce; Virginia Assistive Technology Device Warranties Act. Creates a "lemon law" for assistive technology devices. Assistive technology devices are mechanical devices and instruments used by disabled individuals to communicate, see, hear or maneuver, e.g., manual wheelchairs, motorized scooters, communication devices for the deaf, talking software, and Braille printers. Only new devices having a retail value of at least $250 are included within the scope of the Act.

The bill stipulates that in addition to any express warranties otherwise provided, manufacturers of assistive technology devices impliedly warrant, for a period of at least one year following delivery to consumers, that their products are free of defects substantially impairing their value. During this one-year warranty period, consumers may obtain repairs of their assistive technology devices from manufacturers at no charge. If, within the 12-month period following delivery, the devices are (i) subject to repair for the same or related problem three times or (ii) not practically usable for a cumulative total of 30 days, the devices must be replaced within 30 days, or the purchaser be refunded his full purchase price (plus collateral costs) within 14 days.

The bill prohibits the sale or lease of any device previously returned unless the reason for its return is disclosed to its prospective customer or lessee. A consumer's remedies are not limited to the Act's provisions; he may seek civil relief as well. Consumers are also furnished the option of submitting disputes arising under this act to the Dispute Resolution Unit of the Office of Consumer Affairs. The bill's provisions will not become effective unless they are reenacted by the 1998 Session of the General Assembly.


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