(a)  A “reasonable number of attempts to repair” an assistive technology device with a nonconformity means the occurrence of one or both of the following:

(1)  The same nonconformity that is first reported during Term A is subject to repair two (2) or more times during Term B; or

(2)  The device is out-of-service for an aggregate of thirty (30) or more calendar days during Term A because of one or more nonconformities.

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Terms Used In Rhode Island General Laws 6-45-4

  • Assistive technology device: means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities. See Rhode Island General Laws 6-45-1
  • Dealer: means the person who is the party, whether the seller or the lessor, to the contract with the consumer of sale or lease of the device. See Rhode Island General Laws 6-45-1
  • Manufacturer: means :

    (i)  The person who manufactures or assembles an assistive technology device;

    (ii)  The person who manufactures or assembles a product that becomes a component product of an assistive technology device system, to the extent such product is itself ordinarily an assistive technology device; and

    (iii)  Agents of a person described in subsection (13)(i) or (13)(ii) of this section, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's devices, provided that such agents shall not include, with respect to a particular transaction, the dealer, unless the dealer is also a person described in subsection (13)(i) or (13)(ii) of this section. See Rhode Island General Laws 6-45-1

  • Term A: means the year following the date the device is first delivered into the possession of the consumer. See Rhode Island General Laws 6-45-1
  • Term B: means the two (2) years following the date the device is first delivered into the possession of the consumer. See Rhode Island General Laws 6-45-1

(b)  For purposes of counting the days for which a device is out-of-service because of one or more nonconformities, an out-of-service period shall begin with and include the day that is the later of:

(1)  The day the nonconformity first appears; or

(2)  The business day prior to the day on which the consumer first reports the nonconformity to the manufacturer of the device or its authorized dealer.

(c)  For purposes of counting the days for which a device is out-of-service because of one or more nonconformities, an out-of-service period shall end with and include the day on which the device is returned after repair, and is then free of nonconformities, to the possession of the consumer, unless this return is made by 10:00 a.m. of that day in which case the out-of-service period shall end with and include the previous day.

(d)  In the event an out-of-service period has commenced during Term A, then for purposes of subsection (a)(2), Term A shall continue until the end of this out-of-service period.

(e)  The manufacturer/vendor shall keep written records of all repair attempts made, including:

(1)  The date a repair was requested;

(2)  The type of repair requested;

(3)  The date the repair attempt began;

(4)  The length of time required for the repair attempt;

(5)  The results of the repair attempt; and

(6)  The total number of repair attempts made.

History of Section.
P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32; P.L. 2023, ch. 87, § 1, effective June 19, 2023; P.L. 2023, ch. 88, § 1, effective June 19, 2023.