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House Journal: Page 388: Monday, March 2, 1998

36     11.  "Nonconformity" means any defect, malfunction,
37   or condition which substantially impairs the use,
38   value, or safety of an assistive device or any of its
39   component parts, but does not include a condition,
40   defect, or malfunction that is the result of abuse,
41   neglect, or unauthorized modification or alteration of
42   the assistive device by the consumer.
43     12.  "Reasonable attempt to repair" means any of
44   the following occurring within the terms of an express
45   warranty applicable to a new assistive device or
46   within one year after first delivery of the assistive
47   device to a consumer, whichever is sooner:
48     a.  The manufacturer, assistive device lessor, or
49   any of the manufacturer's authorized assistive device
50   dealers accept return of the new assistive device for

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 1   repair at least two times.
 2     b.  The manufacturer, assistive device lessor, or
 3   any of the manufacturer's authorized assistive device
 4   dealers place the assistive device out of service for
 5   an aggregate of at least thirty cumulative days
 6   because of warranty nonconformities.
 7     Sec. 2.  NEW SECTION.  216E.2  EXPRESS WARRANTIES.
 8     1.  A manufacturer or assistive device lessor who
 9   sells or leases an assistive device to a consumer,
10   either directly or through an assistive device dealer,
11   shall furnish the consumer with an express warranty
12   for the assistive device, warranting the assistive
13   device to be free of any nonconformity.  The duration
14   of the express warranty shall be not less than one
15   year after first delivery of the assistive device to
16   the consumer.  If a manufacturer fails to furnish an
17   express warranty as required by this section, the
18   assistive device shall be covered by an express
19   warranty as if the manufacturer had furnished an
20   express warranty to the consumer as required by this
21   section.
22     2.  An express warranty does not take effect until
23   the consumer takes possession of the new assistive
24   device.
25     Sec. 3.  NEW SECTION.  216E.3  ASSISTIVE DEVICE
26   REPLACEMENT OR REFUND.
27     1.  If an assistive device does not conform to an
28   applicable express warranty and the consumer reports
29   the nonconformity to the manufacturer, the assistive
30   device lessor, or any of the manufacturer's authorized
31   assistive device dealers, and makes the assistive
32   device available for repair before one year after
33   first delivery of the device to the consumer or within
34   the period of the express warranty if the warranty is
35   longer than one year, a reasonable attempt to repair

© 1998 Cornell College and League of Women Voters of Iowa

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