Michigan Laws 445.1083 – Nonconformity; repair by manufacturer; reimbursement to authorized dealer; duty of manufacturer
Current as of: 2024 | Check for updates
|
Other versions
(1) If a new wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the wheelchair lessor, or any of the manufacturer’s authorized wheelchair dealers and makes the wheelchair available for repair before 1 year after first delivery of the wheelchair to a consumer, the nonconformity shall be repaired by the manufacturer as required by this act. If the manufacturer has authorized the dealer to make the repair, the dealer shall be reimbursed by the manufacturer for the dealer’s costs for the repair. The manufacturer shall respond to a dealer’s request for authorization not later than the end of the business day following the day the request was made.
(2) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall do 1 of the following:
Terms Used In Michigan Laws 445.1083
- Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity in a wheelchair, including the cost of an alternative wheelchair or other assistive device or service for mobility. See Michigan Laws 445.1081
- Consumer: means any of the following:
(i) The purchaser of a wheelchair, if the wheelchair was purchased from a wheelchair dealer or manufacturer for purposes other than resale. See Michigan Laws 445.1081Early termination savings: means an expense or obligation that a wheelchair lessor avoids as a result of both the termination of a written lease before the termination date of the lease and the return of a wheelchair to a manufacturer under section 3. See Michigan Laws 445.1081 Express warranty: means an express warranty as determined under the uniform commercial code, Act No. See Michigan Laws 445.1081 Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC 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 who manufactures or assembles wheelchairs and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's wheelchairs, but does not include a wheelchair dealer. See Michigan Laws 445.1081 Nonconformity: means a condition or defect that substantially impairs the use, value, or safety of a wheelchair and that is covered by an express warranty applicable to the wheelchair or to a component of the wheelchair, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the wheelchair by a consumer. See Michigan Laws 445.1081 Reasonable attempt to repair: means either or both of the following occurring within the term of an express warranty applicable to a new wheelchair or within 1 year after first delivery of the wheelchair to a consumer, whichever is sooner:
(i) The same nonconformity is subject to repair at least 4 times by the manufacturer, wheelchair lessor, or any of the manufacturer's authorized wheelchair dealers. See Michigan Laws 445.1081Wheelchair: means a chair mounted on wheels used by a person with a disability to enhance mobility. See Michigan Laws 445.1081 Wheelchair dealer: means a person who is in the business of selling wheelchairs. See Michigan Laws 445.1081 Wheelchair lessor: means a person who leases a wheelchair to a consumer, or who holds the lessor's rights under a written lease. See Michigan Laws 445.1081
(a) If the wheelchair was purchased, at the direction of a consumer do 1 of the following:
(i) Accept return of the wheelchair and replace the wheelchair with 1 of comparable quality, size, and function and refund any collateral costs to the consumer, a holder of a security interest, or a third party who purchased the wheelchair.
(ii) Accept return of the wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer’s wheelchair or third party who purchased the wheelchair not more than the full purchase price plus any finance charge, sales tax, shipping costs, and collateral costs paid by the consumer, the holder of a security interest, or the third party who purchased the wheelchair less a reasonable allowance for use. A reasonable allowance for use shall not exceed the amount obtained by multiplying the full purchase price of the wheelchair by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the wheelchair was used before the consumer first reported the nonconformity to the wheelchair dealer.
(b) If the wheelchair is leased, accept return of the wheelchair, refund to the wheelchair lessor and to any holder of a perfected security interest in the wheelchair the current value of the written lease and refund to the consumer or third party the amount that the consumer or third party paid under the written lease plus any collateral costs, less a reasonable allowance for use. The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the wheelchair dealer’s early termination costs and the value of the wheelchair at the lease expiration date if the lease sets forth that value, less the wheelchair lessor’s early termination savings. A reasonable allowance for use shall not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the wheelchair was used before the consumer first reported the nonconformity to the manufacturer, wheelchair lessor, or wheelchair dealer.