§ 6-1-403 — Express warranty required - authorized servicers

(1) (a) Except as
provided in subsection (2) of this section, a consumer who purchases or leases a
new wheelchair either directly or indirectly through a dealer or lessor shall receive
an express warranty for such wheelchair. The manufacturer shall issue this express
warranty that shall extend for not less than one year after first delivery to the
consumer.

(b) Except as provided in subsection (2) of this section, a selling dealer shall
provide an express warranty for any modifications made by the dealer that shall
also extend for not less than six months after first delivery to the consumer.

(2) Notwithstanding the provisions of subsection (1) of this section, the
warranty for the specialty control module shall be limited to the warranty provided
by the manufacturer of such specialty control module or ninety days, whichever is
longer.

(3) If a manufacturer or dealer fails to furnish the express warranty required
by this section, the wheelchair shall be covered by a warranty the same as if an
express warranty had been provided by the manufacturer or dealer pursuant to this
section.

(4) Any entity that sells or leases wheelchairs in this state, including any
entity that sells or leases through mail order or catalogue sales, shall designate an
authorized servicer for such chairs that is located in this state in reasonable
proximity to the consumer.

(5) (a) In the event that the selling dealer from whom the consumer
purchased the wheelchair goes out of business or ceases to be an authorized dealer
or service center for the manufacturer, or if the dealer or consumer moves or
relocates to a location that makes it unreasonable for the consumer to seek
warranty service from the selling dealer, or if the consumer is dissatisfied with the
selling dealer, the consumer shall be responsible for contacting the manufacturer
or another authorized dealer which will be responsible for facilitating the warranty
service required with an authorized dealer, to be mutually agreed upon by the
consumer and the manufacturer, which entity shall be referred to as the alternative
warranty service provider.

(b) In the event that an alternative warranty service provider is designated
pursuant to paragraph (a) of this subsection (5), the consumer may only seek
warranty service from such alternative warranty service provider.

(c) To the extent reasonable and possible, the manufacturer shall take into
account the independent mobility resources of the consumer when determining the
alternative warranty service provider pursuant to the provisions of this subsection
(5).

Legislative History

Source: L. 97: Entire part added, p. 607, � 1, effective July 1.