§ 24-5-20-11 — Return of nonconforming assistive device

If, after reasonable attempt to repair, a
nonconformity is not repaired, the consumer must return the assistive
device to the dealer and the manufacturer shall do either of the
following:
(1) Do both of the following:
(A) Accept return of the nonconforming assistive device.
(B) Not later than fourteen (14) days after return of the assistive
device, refund to the consumer or consumers:
(i) the full purchase price of the assistive device, excluding
the cost of services associated with the device's initial
purchase, together with reasonable collateral costs, less a
reasonable allowance for use; or
(ii) if the device was leased, all lease payments made through
the date of return together with a proportional share of any
required deposit.
A refund of the amounts described in this clause to a consumer
or consumers shall be made to the extent of each consumer's
bearing the initial purchase or lease cost and bearing of any
collateral costs.
(2) Accept return of the nonconforming assistive device and
replace the nonconforming assistive device with one (1) of
comparable market value, function, and usefulness as appropriate
to the consumer within thirty (30) business days of the return, not
including, in the case of a hearing aid, scheduling time for
professional fitting and dispensing.

Legislative History

As added by P.L.85-1999, SEC.1.