Montana Code 30-14-1203. Express written warranty for wheelchairs — failure to furnish — implied warranty
30-14-1203. Express written warranty for wheelchairs — failure to furnish — implied warranty. (1) A manufacturer who sells a wheelchair to a consumer, either directly or through a wheelchair dealer, shall furnish the consumer with an express written warranty against nonconformity.
Terms Used In Montana Code 30-14-1203
- Consumer: means a person:
(a)who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;
(b)to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;
(c)who may enforce the warranty; or
(d)who leases a wheelchair from a wheelchair lessor under a written lease. See Montana Code 30-14-1202
- Manufacturer: means a person or an agent of a person who manufactures or assembles wheelchairs. See Montana Code 30-14-1202
- Nonconformity: means a defect that substantially impairs the use, value, or safety of a wheelchair or that is covered by an express warranty applicable to the wheelchair or to components of a wheelchair. See Montana Code 30-14-1202
- Wheelchair: means a manually powered or motor-driven wheelchair, scooter, or other motorized device that is used for mobility assistance, that costs $500 or more, and that a consumer purchases or accepts by transfer. See Montana Code 30-14-1202
- Wheelchair dealer: means a person who is in the retail business of selling wheelchairs. See Montana Code 30-14-1202
(2)The duration of the express written warranty may not be less than 1 year after the date of delivery of the wheelchair to the consumer.
(3)If a manufacturer fails to furnish an express written warranty, the wheelchair is covered by a warranty as if the manufacturer had furnished an express written warranty to the consumer under subsection (1). The implied warranty is for a period of 2 years following the date of delivery of the wheelchair to the consumer.