(1) To receive a wheelchair of comparable quality, size, and function or a refund, a consumer of a purchased wheelchair shall first offer to the manufacturer of the wheelchair having the nonconformity the transfer of that wheelchair to the manufacturer.
    (2) Not later than 30 business days after the offer described in subsection (1), the manufacturer shall provide the consumer with a wheelchair of comparable quality, size, and function or a refund.

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Terms Used In Michigan Laws 445.1084

  • 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 445.1081
  • 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
  • Wheelchair: means a chair mounted on wheels used by a person with a disability to enhance mobility. See Michigan Laws 445.1081
  •     (3) When the manufacturer provides the wheelchair or refund, the consumer shall return the wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer possession to the manufacturer.