§ 24-5-20-8 — "Nonconformity" defined

Indiana § 24-5-20-8

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 20: Assistive Device Warranties

Text

(a) As used in this chapter, "nonconformity"
means a condition or defect that significantly impairs the use, value,
function, or safety of an assistive device or any of its components.
(b) The term does not include a condition or defect of the assistive
device that:
(1) is the result of:
(A) abuse, misuse, or neglect by a consumer;
(B) modifications or alterations not authorized by the
manufacturer;
(C) normal wear, including accumulation of ear wax,
perspiration, or moisture;
(D) normal use that may be resolved through a fitting
adjustment, routine maintenance, preventative maintenance, or
proper care; or
(E) a consumer's failure to follow any manufacturer's written
service and maintenance guidelines furnished at the time of
purchase; or
(2) indicates the need for:
(A) routine adjustment, modification, or upgrade; or
(B) an adjustment:
(i) due to an exacerbation in the condition of the individual
with a disability; or
(ii) to improve the fit of the assistive device.

Legislative History

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