Hawaii Revised Statutes 481K-6 – Manufacturer’s duty to provide reimbursement for temporary replacement of assistive devices; penalties
Whenever an assistive device covered by a manufacturer‘s express warranty is tendered by a consumer to the manufacturer, its agent, representative, assistive device dealer, assistive device lessor, or repair agency dealer from whom it was purchased or exchanged for the purpose of repairing a nonconformity, the manufacturer shall provide directly to the consumer for the duration of the repair period a replacement assistive device or reimbursement for the cost incurred by the consumer to rent a replacement assistive device, if at least one of the following conditions exists:
Terms Used In Hawaii Revised Statutes 481K-6
- 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 dealer: means a person who is in the business of selling new assistive devices. 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
- Nonconformity: means a defect, malfunction, or condition that fails to conform to any warranty applicable to an assistive device, but does not include a defect, malfunction, or condition that results from accident, abuse, neglect, modification, or alteration of the assistive device by persons other than the manufacturer, its agent, distributor, or authorized assistive device dealer, or assistive device lessor. See Hawaii Revised Statutes 481K-1