In this chapter, unless the context otherwise requires:
1. "Assistive technology device" means any item, piece of equipment, or product system
that a consumer purchases or accepts transfer of in this state and which is used to
increase, maintain, or improve the functional capabilities of individuals with disabilities.
a. The term includes:
(1)Manual wheelchairs, motorized wheelchairs, motorized scooters, and other
aids that enhance the mobility or positioning of an individual, such as
positioning features, the switches and controls for any motorized or
nonmotorized features, and hydraulic or nonhydraulic lifts or elevators
designed to transport an individual from one location or level to another in
private personal vehicles or private residences.
(2)Telephone communication devices for th
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In this chapter, unless the context otherwise requires:
1. "Assistive technology device" means any item, piece of equipment, or product system
that a consumer purchases or accepts transfer of in this state and which is used to
increase, maintain, or improve the functional capabilities of individuals with disabilities.
a. The term includes:
(1) Manual wheelchairs, motorized wheelchairs, motorized scooters, and other
aids that enhance the mobility or positioning of an individual, such as
positioning features, the switches and controls for any motorized or
nonmotorized features, and hydraulic or nonhydraulic lifts or elevators
designed to transport an individual from one location or level to another in
private personal vehicles or private residences.
(2) Telephone communication devices for the deaf, assistive listening devices,
and other aids that enhance an individual's ability to hear, except for hearing
instruments excluded by subdivision b.
(3) Voice-synthesized computer modules, optical scanners, talking software,
braille printers, artificial larynges, voice amplification devices, alternative
augmentative communication devices, and other devices that enhance an
individual's ability to communicate, except for those items excluded by
subdivision b.
(4) Voice recognition computer equipment, software and hardware
accommodations, switches, and other forms of alternative access to
computers.
(5) Adapted environmental control units.
(6) Any other assistive device, instrument, apparatus, or any component, part,
or accessory that enables an individual with a disability to perform tasks
such as communicating, speaking, seeing, hearing, maneuvering, moving,
walking, standing, reaching, grasping, working, sleeping, learning, or caring
for oneself, or which is used or intended to be used to assist, affect, or
replace the structure or any function of the body of an individual with a
disability, except for those items excluded by subdivision b.
b. The term does not include:
(1) Devices that are modified or customized pursuant to consumer design and
specifications;
(2) Hearing instruments as defined in subsection 2 of section 43-33-01;
(3) Eyeglasses;
(4) A surgical implant performed by a physician or surgeon; or
(5) A restoration or dental prosthesis provided by a dentist.
2. "Commercial lessor" means a person who is in the business of leasing assistive
technology devices to consumers or who holds the lessor's rights.
3. "Commercial seller" means a person who is in the business of selling or manufacturing
assistive technology devices.
4. "Consumer" means:
a. The purchaser of an assistive technology device from a commercial seller for
personal use;
b. A person to whom an assistive technology device is transferred for personal use
when all express warranties have not yet expired;
c. A person who may enforce the warranty on an assistive technology device;
d. A person who leases an assistive technology device from a commercial lessor; or
e. The parent or guardian of a person who is a consumer under subdivisions a
through d.
5. a. "In need of repair" means:
(1) A specific condition, generic defect, or malfunction that substantially impairs
the use, value, or safety of an assistive technology device or any of its
component parts; or
(2) The assistive technology device or a component of the assistive technology
device fails to conform to:
(a) Any applicable express warranties; or
(b) Any implied warranties including the implied warranty of
merchantability described in section 41-02-31 and the implied
warranty of fitness for a particular purpose described in section
41-02-32.
b. The term does not include a condition or defect that is the result of abuse or
unforeseen alteration of the assistive technology device by the consumer.
6. "Loaner" means an assistive technology device that is loaned to the user without
charge while repairs are made to the user's assistive technology device. A loaner
must:
a. Be in good working order;
b. Perform the essential functions of the assistive technology device that is being
repaired, considering the needs of the user; and
c. Not create a threat to the safety of the user.
7. "Manufacturer" means:
a. A person who manufactures or assembles assistive technology devices;
b. A person who manufactures or assembles any part of an assistive technology
device; and
c. All persons involved in the manufacture, distribution, or sales of assistive
technology devices up to the final retail seller or commercial lessor.
8. "Reasonable attempt to repair" means that, within one year after first delivery of the
assistive technology device to a consumer or within the life of an express warranty,
whichever is longer:
a. The assistive technology device is presented to the commercial seller in need of
repair at least four times and it is again in need of repair; or
b. The assistive technology device is in need of repair and available to the seller for
repair for at least thirty days. These thirty days may be consecutive or
nonconsecutive.
9. "Transaction costs" means expenses caused by a covered repair including the costs of
a loaner.