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House Journal: Page 387: Monday, March 2, 1998

36   resale.
37     b.  A person to whom the assistive device is
38   transferred for purposes other than resale, if the
39   transfer occurs before the expiration of an express
40   warranty applicable to the assistive device.
41     c.  A person who may enforce the warranty.
42     d.  A person who leases an assistive device from an
43   assistive device lessor under a written lease.
44     6.  "Demonstrator" means an assistive device used
45   primarily for the purpose of demonstration to the
46   public.
47     7.  "Early termination costs" means any expense or
48   obligation that an assistive device lessor incurs as a
49   result of both the termination of a written lease
50   before the termination date set forth in the lease and

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 1   the return of an assistive device to the manufacturer.
 2   "Early termination cost" includes a penalty for
 3   prepayment under a finance arrangement.
 4     8.  "Early termination savings" means any expense
 5   or obligation that an assistive device lessor avoids
 6   as a result of both the termination of a written lease
 7   before the termination date set forth in the lease and
 8   the return of an assistive device to a manufacturer
 9   which shall include an interest charge that the
10   assistive device lessor would have paid to finance the
11   assistive device or, if the assistive device lessor
12   does not finance the assistive device, the difference
13   between the total payments remaining for the period of
14   the lease term remaining after the early termination
15   and the present value of those remaining payments at
16   the date of the early termination.
17     9.  "Loaner" means an assistive device, provided
18   free of charge to the consumer, for use by the
19   consumer, that need not be new or be identical to, or
20   have functional capabilities equal to or greater than,
21   those of the original assistive device, but that meets
22   all of the following conditions:
23     a.  The loaner is in good working order.
24     b.  The loaner performs, at a minimum, the most
25   essential functions of the original assistive device,
26   in light of the disabilities of the consumer.
27     c.  Any differences between the loaner and the
28   original assistive device do not create a threat to
29   the consumer's health or safety.
30     10.  "Manufacturer" means a person who manufactures
31   or assembles assistive devices and agents of that
32   person, including an importer, a distributor, a
33   factory branch, distributor branch, and any warrantors
34   of the assistive device, but does not include an
35   assistive device dealer or assistive device lessor.

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/00300/00387.html
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