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334.210 Client's right to cancel -- Procedure.
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The client in a hearing instrument purchase, has the right to cancel the
purchase for any reason at any time prior to midnight of the thirtieth calendar
day after actual receipt of the hearing instrument.
Cancellation occurs when the client gives written notice of cancellation to the
seller at the address stated in the notice and statement of the client's right to
cancel provided for in subsection (5) of this section.
Notice of cancellation, if given by mail, is given when it is deposited in the mail
properly addressed and postage prepaid.
Notice of cancellation given by the client need not take a particular form and is
sufficient if it indicates by a form of written expression the intention of the client
not to be bound by the hearing instrument sale.
In the sale of a hearing instrument, the seller shall present to each client, at the
time the client assumes any financial obligation with respect to the purchase of
a hearing instrument, a written notice and statement of the client's right to
cancel which shall:
(a) Appear under the conspicuous caption; "CLIENT'S RIGHT TO CANCEL
WITHIN 30 DAYS," and
(b) Contain the following specific statement in all capital letters in no smaller
type than the largest used in the body copy portion of the written
agreement, offer to purchase, or receipt: "THE CLIENT HAS THE RIGHT
TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME
PRIOR TO MIDNIGHT OF THE 30TH CALENDAR DAY AFTER ACTUAL
RECEIPT OF THE HEARING INSTRUMENT(S). YOU MAY CANCEL
THE PURCHASE BY NOTIFYING THE SELLER THAT YOU DO NOT
WANT THE HEARING INSTRUMENT(S) BY MAILING A NOTICE
BEFORE
................
TO
THE
SELLER
AT:
............................................................. . UPON CANCELLATION, THE
SELLER MAY KEEP UP TO 10% OF THE SELLING PRICE."
The seller shall enter on the notice and statement required by subsection (5) of
this section the date which is thirty (30) calendar days from the date on which
the client receives the hearing instrument(s); the seller's full name and address;
and the cancellation charges allowed by this section.
Until the seller has complied with this section, the client may cancel the
purchase by notifying the seller in any manner and by any means of his
intention to cancel.
Within fifteen (15) days after the return of the hearing instrument or instruments
and any other goods or property delivered by the seller pursuant to the sale by
the client, the seller shall tender to the client any payments made by the client,
less any amount retained by the seller to repair damage to the hearing
instrument due to a lack of reasonable care of the hearing instrument
purchased, and terminate all financial obligations created in connection with
the purchase of the canceled hearing instrument or instruments by the client.
If payment by the client includes any goods or property traded in, the goods or
property shall be tendered to the client in substantially as good condition as
when they were received by the seller. If the seller fails to tender the goods or
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property as provided by this subsection, the client may elect to recover an
amount equal to the trade-in allowance for the goods or property.
The provisions of this section shall not apply to a sale of a hearing instrument
that replaces a damaged or unworkable hearing instrument, when the
replacement hearing instrument is identical to the damaged or unworkable
hearing instrument.
Until the seller has complied with the obligations imposed by this section, the
client may retain possession of all goods or property delivered to him by the
seller and has a lien on the goods or property in his possession or control for
any recovery to which he is entitled.
The client has a duty to take reasonable care of the goods, as defined by the
board by promulgation of an administrative regulation, in his possession before
cancellation and for a reasonable time thereafter until delivered to the seller.
Any waiver by the client of rights provided in this section is void, and shall not
operate to relieve the seller of any obligation placed upon him by this section.
Nothing in this section shall in any way limit the right to cancel home
solicitation sales, pursuant to KRS 367.410 to 367.460.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 460, sec. 20, effective July 14, 1992. -Created 1976 Ky. Acts ch. 276, sec. 4.
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