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House Journal: Page 389: Monday, March 2, 1998

36   the nonconformity shall be made.
37     2.  If, after a reasonable attempt to repair, the
38   nonconformity is not repaired, the manufacturer shall
39   carry out the requirements of either paragraph "a" or
40   "b" upon the request of a consumer.
41     a.  The manufacturer shall provide for a refund by
42   doing one of the following:
43     (1)  If the assistive device was purchased by the
44   consumer, accept return of the assistive device and
45   refund to the consumer and to any holder of perfected
46   security interest in the consumer's assistive device,
47   as the holder's interest may appear, the full purchase
48   price plus any finance charge paid by the consumer at
49   the point of sale and collateral costs, less a
50   reasonable allowance for use.

Page 4

 1     (2)  If the assistive device was leased by the
 2   consumer, accept return of the assistive device,
 3   refund to the assistive device lessor and to any
 4   holder of a perfected security interest in the
 5   assistive device, as the holder's interest may appear,
 6   the current value of the written lease and refund to
 7   the consumer the amount that the consumer paid under
 8   the written lease plus any collateral costs, less a
 9   reasonable allowance for use.  The manufacturer shall
10   have a cause of action against the dealer or lessor
11   for reimbursement of any amount that the manufacturer
12   pays to a consumer which exceeds the net price
13   received by the manufacturer for the assistive device.
14     b.  The manufacturer shall provide a comparable new
15   assistive device or offer a refund to the consumer if
16   the consumer does any one of the following:
17     (1)  Offers to transfer possession of the assistive
18   device to the manufacturer.  No later than thirty days
19   after that offer, the manufacturer shall provide the
20   consumer with the comparable new assistive device or a
21   refund.  When the manufacturer provides the new
22   assistive device or refund, the consumer shall return
23   the assistive device having the nonconformity to the
24   manufacturer, along with any endorsements necessary to
25   transfer legal possession to the manufacturer.
26     (2)  Offers to return the assistive device to the
27   manufacturer.  No later than thirty days after the
28   offer, the manufacturer shall provide a refund to the
29   consumer.  When the manufacturer provides a refund,
30   the consumer shall return the assistive device having
31   the nonconformity to the manufacturer.
32     (3)  Offers to transfer possession of a leased
33   assistive device to the manufacturer.  No later than
34   thirty days after the offer, the manufacturer shall
35   provide a refund to the assistive device lessor.  When

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URL: /DOCS/GA/77GA/Session.2/HJournal/00300/00389.html
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