Nebraska Statutes 69-2611. Nonconformity, defined
Nonconformity means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device but does not include (1) a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer or (2) a condition that is the result of normal use which could be resolved through fitting adjustments, cleaning, or proper care.
Terms Used In Nebraska Statutes 69-2611
- Assistive device: means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity, including, but not limited to, manual wheelchairs, motorized wheelchairs, motorized scooters, and other aides that enhance the mobility of an individual. See Nebraska Statutes 69-2603
- Consumer: means any of the following:
(1) An individual or entity purchasing an assistive device if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale. See Nebraska Statutes 69-2607
- Nonconformity: means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device but does not include (1) a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer or (2) a condition that is the result of normal use which could be resolved through fitting adjustments, cleaning, or proper care. See Nebraska Statutes 69-2611