Arizona Laws 44-1352. New assistive device; nonconformity; reasonable attempt to make a repair; reasonable allowance; options
A. Except as provided in subsection B of this section, a manufacturer who sells an assistive device to a consumer, directly or through an assistive device dealer, shall give the consumer an express warranty against defects, malfunctions or conditions for the assistive device. The duration of the express warranty shall be for at least one year after the initial delivery of the assistive device to the consumer.
Terms Used In Arizona Laws 44-1352
- Assistive device: means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state and that is used to assist an individual with a disability as described in the Americans with disabilities act of 1990 (P. See Arizona Laws 44-1351
- Assistive device dealer: means a person who is in the business of selling new assistive devices. See Arizona Laws 44-1351
- Assistive device lessor: means a person who leases a new assistive device to a consumer under a written lease or holds the rights of a lessor under a written lease. See Arizona Laws 44-1351
- Collateral cost: means an expense incurred by an assistive device lessor or a consumer in connection with the repair of a nonconformity, including the costs of sales tax and of obtaining an alternative assistive device. See Arizona Laws 44-1351
- Consumer: means any of the following:
(a) An individual or entity that purchases a new assistive device if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale. See Arizona Laws 44-1351
- Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
- 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 a person who manufactures or assembles assistive devices and the agents of that person, including an importer, a distributor, a factory branch, a distributor branch or a warrantor of an assistive device but does not include an assistive device dealer. See Arizona Laws 44-1351
- Nonconformity: means a defect, malfunction or condition that substantially impairs the use, safety or value of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, excluding a defect, malfunction or condition that is the result of either:
(a) An accident involving the assistive device or from abuse, neglect, modification or alteration of the assistive device by any person other than the manufacturer or the manufacturer's agent or distributor or an authorized assistive device dealer or assistive device lessor. See Arizona Laws 44-1351
B. In the absence of an express warranty from the manufacturer, the manufacturer is deemed to have expressly warranted to the consumer that the assistive device will be free from any defect, malfunction or condition that substantially impairs the use, safety or value of the assistive device. The duration of the express warranty shall be for at least one year after the initial delivery of the assistive device to the consumer.
C. During the period of the express warranty, if a new assistive device does not conform to the express warranty and the consumer reports the nonconformity to the manufacturer, the manufacturer’s authorized assistive device dealers or the assistive device lessor and makes the assistive device available for repair, the nonconformity shall be repaired at no charge to the consumer.
D. If the nonconformity is not repaired after a reasonable attempt to make a repair, a consumer, as defined in section 44-1351, paragraph 5, subdivision (a), (b) or (c), may direct the manufacturer to perform one of the following options and the manufacturer shall comply with the option chosen by the consumer:
1. Accept return of the assistive device and replace the assistive device with a comparable new assistive device and refund any collateral costs to the consumer and assistive device lessor.
2. Accept return of the assistive device and refund to the consumer and to any holder of a perfected security interest in the assistive device the full purchase price plus any finance charge paid by the consumer at the point of sale and collateral costs minus a reasonable allowance for use. A reasonable allowance for use shall not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, 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 and the denominator of which is one thousand eight hundred twenty-five.
E. If the nonconformity is not repaired after a reasonable attempt to make a repair, a consumer, as defined in section 44-1351, paragraph 5, subdivision (d), may direct the manufacturer to perform one of the following options and the manufacturer shall comply with the option chosen by the consumer:
1. Accept return of the assistive device, replace the assistive device with a comparable new assistive device and refund any collateral cost to the consumer and assistive device dealer.
2. Refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus all collateral costs minus a reasonable allowance for use. A reasonable allowance for use shall not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the manufacturer, assistive device lessor or assistive device dealer and the denominator of which is one thousand eight hundred twenty-five.