§ 24-5-20-9 — Reasonable attempt to repair

For purposes of this chapter, a "reasonable
attempt to repair" has occurred if, within one (1) year after the date of
first delivery of the assistive device, either of the following applies:
(1) The same nonconformity has been subject to repair two (2) or
more times by the manufacturer, assistive device lessor, or any
assistive device dealer authorized by the manufacturer to repair
the assistive device, and the nonconformity continues to exist and
interfere with the assistive device's operation.
(2) The assistive device is out of service because of
nonconformities, with no fungible loaner available, for a
cumulative total of at least thirty (30) business days (not including
any necessary time in shipment), due to repair by the
manufacturer, assistive device lessor, or any assistive device
dealer authorized by the manufacturer to repair the assistive
device. For purposes of this subdivision a loaner hearing aid is
considered fungible with the consumer's hearing aid if the loaner
hearing aid improves the consumer's hearing. This subdivision
does not apply if the repairs could not be performed because of
conditions beyond the control of the manufacturer, its agents, or
authorized dealers, including war, invasion, strike, fire, flood, or
other natural disasters.

Legislative History

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