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A.  When the consumer tenders or exchanges a nonconforming assistive device that is covered by an express warranty to the dealer from whom it was purchased for the repair of any nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide rental assistive device reimbursement of up to twenty dollars per day, to be paid directly to the consumer for the duration of the repair period.  The applicable conditions are as follows:

(1)  The repair period exceeds ten working days, including the day on which the device is tendered to the manufacturer or a dealer designated by the manufacturer for repairs and no comparable replacement device is provided.  If the dealer does not tender the device to the manufacturer in a timely enough manner for the manufacturer to make the repairs within ten days, then the manufacturer shall have a cause of action against the dealer for reimbursement of any penalties that it must pay.

(2)  The nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two previous occasions.

B.  The provisions of this Section regarding a manufacturer’s duty shall apply for the period of the manufacturer’s express warranty.

Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.