Terms Used In Arizona Laws > Title 44 > Chapter 9 > Article 11 - Assistive Device Warranties

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• 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

• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Demonstrator: means an assistive device used primarily for the purpose of demonstration to the public. See Arizona Laws 44-1351
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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}
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• 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

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215