Nebraska Statutes 69-2614. Manufacturer; express warranty; requirements
(1) A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty shall be not less than one year after first delivery of the assistive device to the consumer. If a manufacturer fails to furnish an express warranty as required by this section, the assistive device shall be covered by an express warranty for a period of one year as if the manufacturer had furnished an express warranty to the consumer as required by this section.
Terms Used In Nebraska Statutes 69-2614
- 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
- Assistive device dealer: means a person who is in the business of selling assistive devices. See Nebraska Statutes 69-2604
- Assistive device lessor: means a person who leases an assistive device to a consumer under a written lease or who holds the lessor's rights under a written lease. See Nebraska Statutes 69-2605
- 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
- Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, a factory branch, a distributor branch, and any warrantors of the manufacturer's assistive device, but not including an assistive device dealer. See Nebraska Statutes 69-2610
- 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
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(2) An express warranty does not take effect until the consumer takes possession of the new assistive device.
(3) If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer’s authorized assistive device dealers and makes the assistive device available for repair before one year after first delivery of the device to a consumer, the nonconformity shall be repaired or a refund or replacement shall be made pursuant to section 69-2615.