Hawaii Revised Statutes 481K-4 – Nonconformity disclosure requirement
Terms Used In Hawaii Revised Statutes 481K-4
- Assistive device: means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this State which is used to assist a person with a disability (as defined in 42 U. See Hawaii Revised Statutes 481K-1
- Assistive device lessor: means a person who leases new assistive devices to consumers, or who holds the lessor's residual interest under a written lease, to new assistive devices leased to consumers. See Hawaii Revised Statutes 481K-1
- Consumer: means any of the following:
(1) The purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;
(2) A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device;
(3) A person who may enforce any warranty applicable to the assistive device; or
(4) A person who leases an assistive device from an assistive device lessor under a written lease. See Hawaii Revised Statutes 481K-1
- Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, a factory branch, distributor branch, and a warrantor of the manufacturer's assistive device, but does not include an assistive device dealer. See Hawaii Revised Statutes 481K-1
No assistive device returned by a consumer or assistive device lessor in this State or another state shall be sold or leased in this State unless the nature of the defect experienced by the original buyer or lessee is clearly and conspicuously disclosed on a separate document that must be signed by the manufacturer and the purchaser or lessor and must be in ten-point, capitalized type, in substantially the following form:
“IMPORTANT: THIS DEVICE WAS RETURNED TO THE MANUFACTURER BECAUSE A DEFECT(S) COVERED BY A MANUFACTURER’S WARRANTY WAS NOT REPAIRED AFTER A REASONABLE OPPORTUNITY FOR REPAIR AS PROVIDED BY HAWAII LAW.”