Indiana § 24-5-20-8 "Nonconformity" defined

Indiana Statutes

§ 24-5-20-8 — "Nonconformity" defined

Indiana·Art. 5 CONSUMER SALES·Ch. 20 Assistive Device Warranties

(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,

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(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.