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IC 24-5-20
Chapter 20. Assistive Device Warranties
IC 24-5-20-1
Applicability of chapter
Sec. 1. This chapter does not apply to assistive devices purchased
by, leased by, or transferred to a consumer before July 1, 1999.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-2
"Assistive device" defined
Sec. 2. As used in this chapter, "assistive device" means any new
device, including a demonstrator, that a consumer purchases or
accepts transfer of in Indiana that is used for a major life activity.
The term includes the following devices:
(1) Manual wheelchairs, motorized wheelchairs, motorized
scooters, and other aids that enhance the mobility of an
individual.
(2) Hearing aids, telephone communication devices for the deaf
(TTD, TTY), assistive listening devices, visual and audible
signal systems, and other aids that enhance an individual's
ability to hear.
(3) Voice synthesized computer modules, optical scanners,
talking software, braille printers, and other devices that enhance
a sight impaired individual's ability to communicate.
(4) Any other device that enables an individual with a disability
to communicate, see, hear, or maneuver.
The term does not include surgical implants, dental and ocular
prostheses, batteries, tires, or nonfunctional accessories.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-3
"Collateral costs" defined
Sec. 3. As used in this chapter, "collateral costs" means expenses
incurred by a consumer in connection with the repair of a
nonconformity, including the reasonable costs of obtaining an
alternative assistive device. The term does not include the cost of an
alternative assistive device.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-4
"Consumer" defined
Sec. 4. As used in this chapter, "consumer" means any of the
following:
(1) An individual who is a person with a disability as defined in
the federal Americans With Disabilities Act (42 U.S.C.
12101(2)) or the individual's legal representative:
(A) who has purchased an assistive device from an assistive
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device dealer or manufacturer for purposes other than resale;
(B) to whom the assistive device is transferred for purposes
other than resale, if the transfer occurs before the expiration
of any warranty established by this chapter; or
(C) who leases a new assistive device from an assistive
device lessor under a written lease.
(2) A person that purchases or leases an assistive device using
state or federal funds for the use of an individual with a
disability.
(3) An insurer or self-insurer that purchases or leases an
assistive device for the use of an individual with a disability.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-5
"Dealer" defined
Sec. 5. As used in this chapter, "dealer" means a person who is in
the business of selling or dispensing assistive devices.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-6
"Demonstrator" defined
Sec. 6. As used in this chapter, "demonstrator" means an assistive
device used primarily for the purpose of demonstration to the public
or loan to a consumer.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-7
"Manufacturer" defined
Sec. 7. As used in this chapter, "manufacturer" means a person
that manufactures or assembles assistive devices. The term includes
the agents of that person, an importer, a factory branch, and any
warrantors of the person's assistive device. The term does not include
a professional who fabricates, without charge, a device for use in the
course of treatment.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-8
"Nonconformity" defined
Sec. 8. (a) As used in this chapter, "nonconformity" means a
condition or defect that significantly impairs the use, value, function,
or safety of an assistive device or any of its components.
(b) The term does not include a condition or defect of the assistive
device that:
(1) is the result of:
(A) abuse, misuse, or neglect by a consumer;
(B) modifications or alterations not authorized by the
manufacturer;
(C) normal wear, including accumulation of ear wax,
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perspiration, or moisture;
(D) normal use that may be resolved through a fitting
adjustment, routine maintenance, preventative maintenance,
or proper care; or
(E) a consumer's failure to follow any manufacturer's written
service and maintenance guidelines furnished at the time of
purchase; or
(2) indicates the need for:
(A) routine adjustment, modification, or upgrade; or
(B) an adjustment:
(i) due to an exacerbation in the condition of the individual
with a disability; or
(ii) to improve the fit of the assistive device.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-9
Reasonable attempt to repair
Sec. 9. For purposes of this chapter, a "reasonable attempt to
repair" has occurred if, within one (1) year after the date of first
delivery of the assistive device, either of the following applies:
(1) The same nonconformity has been subject to repair two (2)
or more times by the manufacturer, assistive device lessor, or
any assistive device dealer authorized by the manufacturer to
repair the assistive device, and the nonconformity continues to
exist and interfere with the assistive device's operation.
(2) The assistive device is out of service because of
nonconformities, with no fungible loaner available, for a
cumulative total of at least thirty (30) business days (not
including any necessary time in shipment), due to repair by the
manufacturer, assistive device lessor, or any assistive device
dealer authorized by the manufacturer to repair the assistive
device. For purposes of this subdivision a loaner hearing aid is
considered fungible with the consumer's hearing aid if the
loaner hearing aid improves the consumer's hearing. This
subdivision does not apply if the repairs could not be performed
because of conditions beyond the control of the manufacturer,
its agents, or authorized dealers, including war, invasion, strike,
fire, flood, or other natural disasters.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-10
Implied warranties regarding nonconformity
Sec. 10. Notwithstanding any other law, in addition to any express
warranty furnished by the manufacturer of an assistive device, the
manufacturer is also considered to have warranted both of the
following for a period of one (1) year from the date of first delivery
to the consumer purchasing or leasing the assistive device in Indiana:
(1) That the assistive device, when used as intended, will be
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free from any nonconformity.
(2) That any nonconformity will be repaired (including parts
and labor) by the manufacturer or its agent, without charge to
the consumer.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-11
Return of nonconforming assistive device
Sec. 11. If, after reasonable attempt to repair, a nonconformity is
not repaired, the consumer must return the assistive device to the
dealer and the manufacturer shall do either of the following:
(1) Do both of the following:
(A) Accept return of the nonconforming assistive device.
(B) Not later than fourteen (14) days after return of the
assistive device, refund to the consumer or consumers:
(i) the full purchase price of the assistive device, excluding
the cost of services associated with the device's initial
purchase, together with reasonable collateral costs, less a
reasonable allowance for use; or
(ii) if the device was leased, all lease payments made
through the date of return together with a proportional
share of any required deposit.
A refund of the amounts described in this clause to a
consumer or consumers shall be made to the extent of each
consumer's bearing the initial purchase or lease cost and
bearing of any collateral costs.
(2) Accept return of the nonconforming assistive device and
replace the nonconforming assistive device with one (1) of
comparable market value, function, and usefulness as
appropriate to the consumer within thirty (30) business days of
the return, not including, in the case of a hearing aid, scheduling
time for professional fitting and dispensing.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-12
Resale of nonconforming assistive devices prohibited
Sec. 12. An assistive device returned due to a nonconformity
under this chapter by a consumer or an assistive device lessor in
Indiana or any other state may not be sold or leased again in Indiana
unless full disclosure of the reason for the return is made to any
prospective buyer or lessee.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-13
Remedies
Sec. 13. (a) The remedies afforded by this chapter are:
(1) cumulative;
(2) not exclusive; and
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(3) in addition to any other legal or equitable remedies available
to the consumer.
(b) In addition to any other remedies available, a consumer who
suffers loss as a result of any violation of this chapter may:
(1) bring an action to recover damages; or
(2) submit the matter to arbitration under IC 34-57-2.
As added by P.L.85-1999, SEC.1.
IC 24-5-20-14
Limitation of warranties and waiver of rights prohibited
Sec. 14. (a) A manufacturer's exclusion or limitation of the
warranties or consumer remedies provided by this chapter is void.
(b) A purported waiver of rights to legal action or arbitration by
a consumer within an assistive device purchase agreement is void.
As added by P.L.85-1999, SEC.1.
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