As used in this part 5, unless the context otherwise
requires:
(1) Collateral costs means expenses incurred by a consumer in connection
with the repair of a nonconformity in a facilitative device, including the cost of an
alternative facilitative device or other facilitative device or service.
(2) Consumer means:
(a) A purchaser of a facilitative device, if the facilitative device was
purchased from a dealer or manufacturer for purposes other than resale;
(b) A person to whom a facilitative device is transferred for purposes other
than resale, if such transfer occurs before the expiration of the express warranty
applicable to such facilitative device;
(c) A person who may enforce the express warranty applicable to a
facilitative device; or
(d) A person who leases a facilitative device from a lessor under a written
lease.
(3) Dealer means a person or entity that is in the business of selling
facilitative devices, 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 lessor
of facilitative devices incurs as a result of:
(I) Terminating a written lease before the termination date set forth in the
lease; and
(II) Returning the facilitative device 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 lessor
of facilitative devices 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 lessor of facilitative devices would have paid to finance
the facilitative device or, if the lessor did not finance the facilitative device, 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
facilitative device.
(7) Facilitative device means a device that has a retail price equal to or
greater than one hundred dollars and that is exclusively designed and
manufactured to assist a person with a disability with such person's specific
disability, through the use of facilitative technology, to be self-sufficient or to
maintain or improve that person's quality of life. Facilitative device does not
include wheelchairs as that term is defined in section 6-1-402 (17). Facilitative
device does include:
(a) Telephone communication devices for the hearing impaired and other
facilitative listening devices except for hearing aids, as defined in section 12-210-102 (2), and surgically implanted hearing devices, as defined in section 12-210-102
(4);
(b) Computer equipment and reading devices with voice input or output,
optical scanners, talking software, braille printers, and other aids and devices that
provide access to text by a person with a disability;
(c) Computer equipment with voice output, artificial larynges, voice
amplification devices, and other alternative and augmentative communication
devices;
(d) Voice recognition computer equipment, software and hardware
accommodations, and other forms of alternative access to computers for persons
with disabilities; and
(e) Any other device, other than a wheelchair, that enables a person with a
disability to communicate, see, hear, or maneuver.
(8) Facilitative technology means technology used to develop
technological devices to be used exclusively for the purpose of assisting a person
with a disability with respect to such person's specific disability by facilitating or
enhancing that person's ability to be self-sufficient.
(9) Lessor means a person or entity that leases a facilitative device to a
consumer or that holds the lessor's rights under a written lease, or any agents of
that person or entity.
(10) Manufacturer means a person or entity that manufactures or
assembles facilitative devices 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 facilitative devices. Manufacturer
does not include a dealer.
(11) Nonconformity means a defect that substantially impairs the use,
reliability, value, or safety of a facilitative device and that is covered by an express
warranty applicable to such facilitative device or a component of such facilitative
device. Nonconformity does not include a defect that is the result of abuse,
neglect, or the unauthorized modification or alteration of a facilitative device by a
consumer.
(12) Person with a disability means a person who is considered to have a
mental or physical disability, impairment, or handicap for purposes of any other law
of this state or of the United States, including any rule or regulation.
(13) Reasonable attempt to repair means that one of the following has
occurred within the term of an express warranty applicable to a new facilitative
device or within one year after first delivery of a facilitative device to a consumer,
whichever occurs earlier:
(a) The same nonconformity is subject to repair at least three times by the
manufacturer, the lessor, or any of the manufacturer's authorized dealers; or
(b) Because of a nonconformity, the facilitative device cannot be used by the
consumer for an aggregate of at least thirty days.
(14) Replacement facilitative device means a facilitative device of
comparable quality, size, and function.
(15) Selling dealer means the entity that originally sold the facilitative
device to the consumer and was involved in the design, assembly, fitting, and
education of the consumer on the use and maintenance of the facilitative device.