§ 51-24-04 — Remedies - Sales

North Dakota § 51-24-04

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-24: Assistive Technology Device Warranties

Text

1. If, after a reasonable attempt to repair by the commercial seller or manufacturer, the
assistive technology device is not repaired, the warranty is considered breached.
2. If the warranty is breached, the consumer may return the assistive technology device
to the commercial seller that sold the device and the consumer may choose to either:
a. Receive a new replacement assistive technology device from the commercial
seller and be reimbursed by the commercial seller for transaction costs; or
b. Receive a full refund of the purchase price plus any finance charges from the
commercial seller and be reimbursed by the commercial seller for transaction
costs.
3. The following conditions apply to the remedies in this section:
a. The commercial seller is allowed up to thirty days after return of the original
assistive technology device to pay transaction costs to the consumer and to
provide the consumer with either a new replacement assistive technology device
or a full refund of the purchase price plus any finance charges.
b. If a new replacement assistive technology device is not provided or if a full refund
is not paid when the consumer returns the original assistive technology device,
the commercial seller must provide a loaner to the consumer to use until the
commercial seller has provided to the consumer a new replacement assistive
technology device or a full refund of the purchase price plus any finance charges.
c. The consumer may not be required to deal directly with any person other than the
commercial seller that sold the assistive technology device. If agreeable, the
consumer may deal with the manufacturer or other prior parties in the sales or
distribution chain. If the commercial seller is no longer selling assistive technology
devices, the consumer may deal with the seller's successor.
d. The costs of a new replacement assistive technology device, a full refund, any
loaner, and transaction costs due the consumer are to be borne in the first
instance by the commercial seller. The commercial seller may have rights to
reimbursement or compensation from the manufacturer or other prior parties in
the sales or distribution chain. Those rights of the commercial seller are not
affected by this chapter.