(a)  For purposes of § 6A-2-314 or § 6A-2.1-212 and § 6A-2-315 or § 6A-2.1-213, with respect to a sale or a lease of an assistive technology device, the term “seller” or “lessor” includes the manufacturer of the device.

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Terms Used In Rhode Island General Laws 6-45-2

  • Assistive technology device: means any 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. See Rhode Island General Laws 6-45-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Manufacturer: means :

    (i)  The person who manufactures or assembles an assistive technology device;

    (ii)  The person who manufactures or assembles a product that becomes a component product of an assistive technology device system, to the extent such product is itself ordinarily an assistive technology device; and

    (iii)  Agents of a person described in subsection (13)(i) or (13)(ii) of this section, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's devices, provided that such agents shall not include, with respect to a particular transaction, the dealer, unless the dealer is also a person described in subsection (13)(i) or (13)(ii) of this section. See Rhode Island General Laws 6-45-1

  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  For purposes of § 6A-2-315 or § 6A-2.1-213, with respect to a sale or lease of an assistive technology device, the seller or lessor shall be deemed to know that the particular purpose, for which the device is required, is to increase, maintain, or improve those functional capabilities that are appropriate to the kind of device involved in light of any knowledge that the seller or lessor may have acquired of the disabilities of the consumer.

(c)  For purposes of § 6A-2-315 or § 6A-2.1-213, with respect to a sale or lease of an assistive technology device, the seller or lessor shall be deemed to know that the consumer is relying on the seller’s or lessor’s skill or judgment to select or furnish a suitable device in light of the knowledge that the seller or lessor has, or is deemed to have by reason of subsection (b) of this section, unless the consumer specifies a particular device and signs and is furnished a copy of a writing that:

(1)  Particularly describes the device that the consumer is specifying;

(2)  States that this person is specifying that device described; and

(3)  Contains the following notice, conspicuously in type that is at least four (4) points larger than the surrounding text: “There is no warranty (guarantee) that this product will be fit for your particular needs. There is only a warranty (guarantee) that the product will be fit for the purposes that it ordinarily meets. This is because you have specified the product you want to buy instead of relying on the seller’s/lessor’s knowledge to help choose one based upon your particular needs.”

(d)  With respect to a sale or lease of an assistive technology device, the implied warranty of merchantability described in § 6A-2-314 or § 6A-2.1-212 and the implied warranty of fitness for a particular purpose described in § 6A-2-315 or § 6A-2.1-213 shall not be excluded or modified, pursuant to § 6A-2-316 or § 6A-2.1-214 or otherwise.

History of Section.
P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32.