Nebraska Statutes 69-2618. Rental assistive device reimbursement; when
(1) If an assistive device covered by a manufacturer‘s express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of any nonconformity to which the warranty is applicable and at least one of the conditions described in subdivision (a) or (b) of this subsection exists, the manufacturer shall provide directly to the consumer for the duration of the repair period a rental assistive device reimbursement of up to twenty dollars per day. The applicable conditions are:
Terms Used In Nebraska Statutes 69-2618
- 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
- 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
(a) The repair period exceeds ten working days, including the day on which the device is tendered to the dealer for repair; or
(b) The nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two previous occasions.
(2) The provisions of this section regarding a manufacturer’s duty shall apply for the period of the manufacturer’s express warranty or for one year from delivery of the assistive device to the consumer, whichever period of time is longer.