2015 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 50B. ASSISTIVE TECHNOLOGY DEVICE WARRANTIES AND CONSUMER PROTECTION
§ 5005B Nonconformity disclosure requirement.

No assistive technology device returned by a consumer or assistive technology device lessor in this State or another state may be sold or leased in this State unless full disclosure of the reason for return is made to a prospective buyer or lessee.

74 Del. Laws, c. 278, § 1.;

§ 5006B Availability of other remedies; waivers void; additional relief.

(a) This chapter does not limit rights or remedies which are otherwise available under any uniform commercial code, consumer protection statute, or any other applicable law or regulation.

(b) A waiver of rights by a consumer under this chapter is void.

(c) In addition to pursuing other remedies, a consumer may bring an action to recover damages for any damages caused by a violation of this chapter. The court shall award a consumer who prevails in the action twice the amount of any pecuniary loss, together with costs, disbursements, reasonable attorney's fees, and any equitable relief that the court may determine is appropriate.

74 Del. Laws, c. 278, § 1.;

§ 5007B Replacement during repair; reimbursement of rental costs incurred by consumer; penalties.

(a) Whenever an assistive technology device covered by a manufacturer's express warranty is tendered by a consumer to the manufacturer, assistive technology lessor, or authorized assistive technology dealer from whom it was purchased or exchanged for the repair of a defect, malfunction, or nonconformity to which the warranty is applicable and at least 1 of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period, a replacement assistive technology device or reimbursement for the cost incurred by the consumer for renting a replacement assistive technology device. The applicable conditions are as follows:

(1) The repair period exceeds 10 working days, including the day on which the device is tendered to the dealer for repair; or

(2) The defect, malfunction, or nonconformity is the same for which the assistive technology device has been tendered to the dealer for repair on at least 2 previous occasions.

(b) This section applies for the duration of the manufacturer's express warranty and any extension thereof.

74 Del. Laws, c. 278, § 1.;