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1998 SESSION

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SB 402 Assistive Technology Device Warranties Act; created.

Introduced by: Emily Couric | all patrons    ...    notes | add to my profiles

SUMMARY:

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, hearing aids and communications devices for the deaf, talking software, and Braille printers.

The bill's key provisions stipulate that in addition to any express manufacturers' warranties otherwise provided, manufacturers (a term defined in the bill to include authorized dealers, importers and distributors) 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 with no fungible loaner available, the devices must be replaced within 30 days, or the purchaser refunded his full purchase price (plus collateral costs) within 14 days. If the device was leased, the manufacturer must refund all lease payments plus a proportional share of any required deposit.

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, Division of Consumer Protection. A nearly identical version of this bill was approved by the 1997 Session of the General Assembly, with the proviso that its provisions would not become effective unless reenacted by the 1998 Session of the General Assembly.


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