Sec. 10. Notwithstanding any other law, in addition to any express warranty furnished by the manufacturer of an assistive device, the manufacturer is also considered to have warranted both of the following for a period of one (1) year from the date of first delivery to the consumer purchasing or leasing the assistive device in Indiana:

(1) That the assistive device, when used as intended, will be free from any nonconformity.

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Terms Used In Indiana Code 24-5-20-10

  • assistive device: means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in Indiana that is used for a major life activity. See Indiana Code 24-5-20-2
  • consumer: means any of the following:

    Indiana Code 24-5-20-4

  • manufacturer: means a person that manufactures or assembles assistive devices. See Indiana Code 24-5-20-7
  • nonconformity: means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components. See Indiana Code 24-5-20-8
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) That any nonconformity will be repaired (including parts and labor) by the manufacturer or its agent, without charge to the consumer.

As added by P.L.85-1999, SEC.1.