This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.

House Journal: Page 390: Monday, March 2, 1998

36   the manufacturer provides the refund, the assistive
37   device lessor shall provide to the manufacturer any
38   endorsements necessary to transfer legal possession to
39   the manufacturer.
40     3.  Under the provisions of this section, the
41   current value of the written lease equals the total
42   amount for which that lease obligates the consumer
43   during the period of the lease remaining after its
44   early termination, plus the assistive device lessor's
45   early termination costs and the value of the assistive
46   device at the lease expiration date if the lease sets
47   forth that value, less the assistive device lessor's
48   early termination savings.
49     4.  Under the provisions of this section, a
50   reasonable allowance for use shall not exceed the

Page 5

 1   amount obtained by multiplying the total amount for
 2   which the written lease obligates the consumer by a
 3   fraction, the denominator of which is one thousand
 4   eight hundred twenty-five and the numerator of which
 5   is the number of days that the consumer used the
 6   assistive device before first reporting the
 7   nonconformity to the manufacturer, assistive device
 8   lessor, or assistive device dealer.
 9     5.  A person shall not enforce a lease against a
10   consumer after the consumer receives a refund.
11     Sec. 4.  NEW SECTION.  216E.4  MANUFACTURER'S DUTY
12   TO PROVIDE REIMBURSEMENT OR A LOANER FOR TEMPORARY
13   REPLACEMENT OF ASSISTIVE DEVICES - PENALTIES.
14     1.  Whenever an assistive device covered by a
15   manufacturer's express warranty is tendered by a
16   consumer to the dealer from whom the assistive device
17   was purchased or exchanged for the repair of any
18   defect, malfunction, or nonconformity to which the
19   warranty is applicable, the manufacturer shall provide
20   the consumer, at the consumer's choice, for the
21   duration of the repair period, either a rental
22   assistive device reimbursement of up to twenty dollars
23   per day, or a loaner, without cost to the consumer, if
24   a loaner is reasonably available or obtainable by the
25   manufacturer, assistive device lessor, or assistive
26   device dealer, if any of the following applies:
27     a.  The repair period exceeds ten working days,
28   including the day on which the device is tendered to
29   the manufacturer or an assistive device dealer
30   designated by the manufacturer for repairs.  If the
31   assistive device dealer does not tender the assistive
32   device to the manufacturer in a timely enough manner
33   for the manufacturer to make the repairs within ten
34   days, the manufacturer shall have a cause of action
35   against the assistive device dealer for reimbursement

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Tue Mar 3 13:40:12 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00300/00390.html
jhf