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151B.300 Definitions for KRS 151B.300 to 151B.335.
As used in KRS 151B.300 to 151B.335, unless the context indicates otherwise:
(1) "Individual with disabilities" means any individual who is considered to have a
mental or physical disability, impairment, or handicap for purposes of any other
law of this state or of the United States, including any rules or regulations
thereunder.
(2) "Assistive device" means any item, device, piece of equipment, or product
system or component thereof, including a demonstrator, that is designed and
used to increase, maintain, or improve functional capabilities of individuals with
disabilities in the areas of seeing, hearing, speaking, walking, breathing,
performing manual tasks, learning, caring for oneself, or working. The term
includes, but is not limited to:
(a) Manual wheelchairs;
(b) Motorized wheelchairs;
(c) Motorized scooters;
(d) Other aids that enhance the mobility of an individual;
(e) Hearing aids;
(f) Assistive listening devices;
(g) Other aids that enhance an individual's ability to hear or communicate;
(h) Voice-synthesized computer modules;
(i) Optical scanners;
(j) Talking software;
(k) Braille printers;
(l) Large print materials;
(m) Other devices that enhance an individual's ability to access print or
communicate;
(n) Other devices such as environmental controls;
(o) Adaptive transportation aids;
(p) Communication boards; and
(q) Modified environments.
(3) "Assistive device dealer" means a person who is in the business of selling new
assistive devices.
(4) "Assistive device lessor" means a person who leases new assistive devices to
consumers, or who holds the lessor's rights, under a written lease.
(5) "Collateral costs" means expenses incurred by a consumer in connection with
the repair of a nonconformity, including the cost of sales tax and of obtaining
an alternative assistive device.
(6) "Consumer" means any person, including a public agency or other private
organization, who acquires an assistive device on behalf of or for the benefit of
an individual with a disability who:
(a) Purchases an assistive device from an assistive device manufacturer, its
agent, or authorized dealer for purposes other than resale;
(b)
Obtains or otherwise receives an assistive device for purposes other than
resale, provided the transfer occurs before the expiration of an express
warranty applicable to the assistive device;
(c) Possesses the right to enforce the express warranty; or
(d) Leases an assistive device from an authorized assistive device lessor
under a written lease.
(7) "Demonstrator" means an assistive device used primarily for the purpose of
demonstration to the public.
(8) "Early termination cost" means an expense or obligation that an assistive
device lessor incurs as a result of both the termination of a written lease before
the termination date set forth in that lease, and the return of an assistive device
to the manufacturer. The term includes any penalty for prepayment under a
finance arrangement.
(9) "Early termination savings" means an expense or obligation that an assistive
device lessor avoids as a result of both the termination of a written lease before
the termination date set forth in that lease and the return of an assistive device
to the manufacturer. The term includes an interest charge that the assistive
device lessor would have paid to finance the assistive device or, if the assistive
device lessor does not finance the assistive device, the difference between the
total period of the lease remaining after the early termination and the present
value of that amount at the date of the early termination.
(10) "Manufacturer" means a person who manufactures or assembles assistive
devices including agents of that person, an importer, a distributor, a factory
branch, distributor branch, and any warrantors of the manufacturer's assistive
device, but does not include an assistive device dealer or an assistive device
lessor.
(11) "Nonconformity" means a specific condition or generic defect or malfunction, or
a defect or condition of a component of the assistive device that substantially
impairs the use, value, or safety of an assistive device, and that is covered by
an express warranty applicable to the assistive device or to a component of the
assistive device, but does not include:
(a) A condition of the device that is the result of abuse, neglect, unauthorized
modification, or alteration of the assistive device by the consumer.
(b) A condition of the device that is the result of normal use which may be
resolved through a fitting or other routine adjustment, proper preventative
maintenance, or care in accordance with written instructions provided with
the assistive device.
(12) "Reasonable attempt to repair" means any of the following occurring within the
term of an express warranty applicable to a new assistive device:
(a) The new assistive device has been subject to repair two (2) or more
times, for the same nonconformity, by the manufacturer, its agent, or
authorized assistive device dealer or lessor, and the nonconformity
continues; or
(b) The assistive device is out of service for an aggregate of at least thirty
(30) cumulative calendar days because of warranty nonconformities. The
thirty (30) days shall begin upon the day the consumer first makes the
assistive device available for repair to the manufacturer, its agent, or
authorized dealer or lessor.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 221, sec. 1, effective July 15, 1998.
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