Indiana Code 24-5-20-11. Return of nonconforming assistive device
(1) Do both of the following:
Terms Used In Indiana Code 24-5-20-11
- 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
- collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the reasonable costs of obtaining an alternative assistive device. See Indiana Code 24-5-20-3
- consumer: means any of the following:
Indiana Code 24-5-20-4
- dealer: means a person who is in the business of selling or dispensing assistive devices. See Indiana Code 24-5-20-5
- 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 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
(B) Not later than fourteen (14) days after return of the assistive device, refund to the consumer or consumers:
(i) the full purchase price of the assistive device, excluding the cost of services associated with the device’s initial purchase, together with reasonable collateral costs, less a reasonable allowance for use; or
(ii) if the device was leased, all lease payments made through the date of return together with a proportional share of any required deposit.
A refund of the amounts described in this clause to a consumer or consumers shall be made to the extent of each consumer’s bearing the initial purchase or lease cost and bearing of any collateral costs.
(2) Accept return of the nonconforming assistive device and replace the nonconforming assistive device with one (1) of comparable market value, function, and usefulness as appropriate to the consumer within thirty (30) business days of the return, not including, in the case of a hearing aid, scheduling time for professional fitting and dispensing.
As added by P.L.85-1999, SEC.1.