As used in this part 4, unless the context otherwise
requires:
(1) Collateral costs means expenses incurred by a consumer in connection
with the repair of a nonconformity in a wheelchair, including the cost of an
alternative wheelchair, if a loaner, as that term is defined in subsection (8) of this
section, was not offered to the consumer, or other assistive device or service for
mobility assistance. Collateral costs shall not include the cost of hiring a personal
assistant.
(2) Consumer means:
(a) A purchaser of a wheelchair, if the wheelchair was purchased from a
wheelchair dealer or manufacturer for purposes other than resale;
(b) A person to whom a wheelchair is transferred for purposes other than
resale, if such transfer occurs before the expiration of the express warranty
applicable to such wheelchair;
(c) A person who may enforce the express warranty applicable to a
wheelchair; or
(d) A person who leases a wheelchair from a wheelchair lessor under a
written lease.
(3) Dealer means a person or entity that is in the business of selling
wheelchairs or any agents of that person or entity. Dealer includes an alternative
warranty service provider.
(4) (a) Early termination cost means any expense or obligation that a
wheelchair lessor incurs as a result of:
(I) Terminating a written lease before the termination date set forth in the
lease; and
(II) Returning the wheelchair to the manufacturer.
(b) Early termination cost includes any prepayment penalty under a finance
arrangement.
(5) Early termination savings means any expense or obligation that a
wheelchair lessor avoids as a result of performing the acts described in paragraph
(a) of subsection (4) of this section. Early termination savings includes any
interest charge that the wheelchair lessor would have paid to finance the
wheelchair or, if the wheelchair lessor did not finance the wheelchair, the
difference between the total amount the lessee was obligated to pay over the
period of the lease term remaining after the early termination date and the present
value of that amount on the early termination date.
(6) Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new
wheelchair except the tires and batteries.
(7) Lessor means a person or entity that leases a wheelchair to a consumer
or that holds the lessor's rights under a written lease or any agents of that person
or entity.
(8) Loaner means a wheelchair that is provided to the consumer for use
free of charge that is not required to have the functional capabilities equal to or
greater than those of the original wheelchair but that meets the following
conditions:
(a) It is in good working order;
(b) It performs at a minimum the most essential functions of the original
wheelchair in light of the disabilities of the user;
(c) It is usable by the consumer given the consumer's impairments; and
(d) Any difference between the loaner and the original wheelchair does not
create a threat to safety.
(9) Manufacturer means a person or entity that manufactures or assembles
wheelchairs and any agents of that person or entity, including an importer, a
distributor, an authorized servicer, a factory branch, a distributor branch, and
warrantors of the manufacturer's wheelchairs. Manufacturer does not include a
dealer.
(10) Modular assembly means a device added to the wheelchair base to
accommodate the special needs of the consumer, such as seating systems, tilt or
recline systems, and specially adapted control modules.
(11) Nonconformity means a defect that substantially impairs the use,
reliability, value, or safety of a wheelchair and that is covered by an express
warranty applicable to such wheelchair or a component of such wheelchair.
Nonconformity does not include a defect that is the result of abuse, neglect, or
the unauthorized modification or alteration of a wheelchair by a consumer.
(12) Reasonable attempt to repair means that one of the following has
occurred within the term of an express warranty applicable to a new wheelchair or
within one year after first delivery of a wheelchair to a consumer, whichever occurs
earlier:
(a) The same nonconformity is subject to repair at least three times by the
manufacturer, lessor, or any of the manufacturer's authorized dealers; or
(b) Because of a nonconformity, the wheelchair cannot be used by the
consumer for an aggregate of at least thirty days or ten consecutive business days.
(13) Replacement wheelchair means a wheelchair of comparable quality,
size, and function.
(14) Selling dealer means the entity that originally sold the wheelchair to
the consumer and was involved in the design, assembly, fitting, and education of
the consumer on the use and maintenance of the wheelchair.
(15) Specialty control module means the technologically advanced
electronic device of limited availability that contains the signal and output circuitry
for a power wheelchair designed and assembled for use by a specific individual with
severe limitations who is unable to use a standard control module.
(16) Standard wheelchair means a wheelchair that has seat width and
depth dimensions of sixteen to eighteen inches.
(17) Wheelchair means any wheelchair, scooter, or modular assembly,
including a demonstrator, that is motor driven or manually operated that a
consumer purchases or accepts transfer of in this state for the purposes of mobility
assistance.