§ 6-45-5. Replacement or refund for device.
(a) If, after a reasonable number of attempts to repair, a nonconformity develops in a
new assistive technology device or demonstrator, the manufacturer shall carry out
the requirement under subsections (a)(1) and (a)(2) at the sole option of the consumer
upon his or her request for it:
(1)(i) In the case of a sale, the manufacturer shall refund to the consumer and to any holder
of a perfected security interest, as their interest may appear, the full purchase
price plus any finance charge or sales tax paid by the consumer at the point of sale
and collateral costs, less a reasonable allowance for use.
(ii) In the case of a lease, the manufacturer shall refund to the lessor and to any holder
of a perfected security interest, as their interest may appear, the current value
of the lease and refund to the consumer the amount that the consumer paid under the
lease plus any collateral costs, less a reasonable allowance for use.
(2) The manufacturer shall provide a conforming replacement.
(b)(1) To receive the refund described in subsection (a)(1) or the replacement described
in subsection (a)(2) the consumer shall offer to the manufacturer of the device or
its authorized dealer to transfer possession of the device.
(2) The manufacturer shall make the refund required by this section within fourteen (14)
calendar days after the offer described in this subsection.
(3) The manufacturer shall make the replacement required by this section within thirty
(30) calendar days after the offer described in this subsection.
(4) If the replacement required by this section is not made within fourteen (14) calendar
days after the offer described in this subsection, then the manufacturer shall provide
the consumer a loaner for use until replacement is made.
(5) The manufacturer may require that, simultaneously with the manufacturer timely making
the refund payment described in subsection (a)(1) of this section or the replacement
described in subsection (a)(2) of this section, the consumer shall deliver possession
of the original device to the manufacturer or its authorized dealer and sign any documents
necessary to, or to provide reasonable evidence of, a transfer of title and possession
of the device to any person as the manufacturer shall designate.
(6) The manufacturer may impose the requirements described in subsection (b)(5) of this
section only if:
(i) The time and place of the mutual activities described in subsections (b)(2), (b)(3),
and (b)(5) are readily accessible to the consumer; and
(ii) The manufacturer provides the consumer a writing that is received no later than four
(4) business days before the time of these mutual activities and states in clear and
understandable language the time and place of these mutual activities and the requirements
allowed by subsection (b)(5) that the consumer must meet at that time and place.
(c) A reasonable allowance for use shall be that amount obtained by multiplying the full
purchase price (or in the case of a lease, the total amount for which the lease obligates
the consumer) by a fraction, the denominator of which is the number of days in the
useful life of the device and the numerator of which is the number of days after delivery
of the device to the consumer and prior to the beginning of the first out-of-service
period as defined in § 6-45-4(b).
(d) As used in subsection (c) of this section, the useful life of the device equals the
greater of:
(1) Five (5) years; or
(2) Any other time that the consumer may prove to be the expected useful life of devices
of the same kind.
(e) The current value of the lease equals the total amount for which that lease obligates
the consumer during the period of the lease remaining after its early termination,
plus the lessor's early termination costs and the value of the device at the lease
expiration date, less the lessor's early termination savings.
(f) In the case of a manufacturer of an assistive technology device system of which one
or more component products are not new, if the dealer gives the consumer, prior to
his or her decision to enter into the sale or lease, a written statement specifying
the component products that are not new and containing the following statement: "You
will not have replace-or-refund rights under the Assistive Technology Lemon Law for
the component products listed on this sheet�, then the manufacturer shall not have
the duties and liabilities of a manufacturer under this section with respect to these
component products, but only with respect to component products that are new and to
the work performed by the manufacturer in creating the assistive technology device
system.