2013 Kentucky Revised Statutes CHAPTER 151B - WORKFORCE EDUCATION 151B.315 Manufacturer's duty when nonconformity is not repaired after reasonable attempt -- Lease value -- Allowance for use.
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151B.315 Manufacturer's duty when nonconformity is not repaired after
reasonable attempt -- Lease value -- Allowance for use.
(1)
(2)
(3)
(4)
If, after a reasonable attempt to repair, the nonconformity is not repaired, the
manufacturer shall carry out, at the option of the consumer, the requirements
under paragraph (a) or (b) of this subsection.
(a) To provide for refunds, at the request of the consumer, the manufacturer
shall do one (1) of the following:
1.
Accept return of the assistive device and refund to the consumer
and to any holder of a perfected security interest in the consumer's
assistive device, as the interest may appear, the full purchase price
including any finance charge paid by the consumer at the point of
sale, plus collateral costs, less a reasonable allowance for use,
except that in the case of hearing aids, the manufacturer's invoice
price shall be refunded; or
2.
Accept return of the assistive device, refund to the assistive device
lessor and to any holder of a perfected security interest in the
assistive device, as the interest may appear, the current value of the
written lease and refund to the consumer the amount that the
consumer paid under the written lease plus collateral costs, less a
reasonable allowance for use.
(b) To receive a comparable new assistive device to that having the
nonconformity or a refund, the consumer shall offer to transfer possession
of the nonconforming assistive device to its manufacturer. No later than
thirty (30) days after that offer, the manufacturer shall provide the
consumer with the comparable assistive device or a refund. When the
manufacturer provides the comparable new assistive device or the refund,
the consumer shall return the assistive device having the nonconformity
to the manufacturer, along with any endorsements necessary to transfer
legal possession to the manufacturer.
If, after a reasonable attempt to repair, the nonconformity is not repaired, an
assistive device lessor shall receive a refund from the manufacturer. To receive
a refund, the assistive device lessor shall offer to transfer possession of a
nonconforming assistive device to its manufacturer. No later than thirty (30)
days after that offer, the manufacturer shall provide the refund to the assistive
device lessor. When the manufacturer provides the refund, the assistive device
lessor shall provide to the manufacturer any endorsements necessary to
transfer legal possession to the manufacturer.
Under this section, the current value of the written lease equals the total
amount for which that lease obligates the consumer during the period of the
lease remaining after its early termination, plus the assistive device dealer's
early termination costs and the value of the assistive device at the lease
expiration date, if the lease sets forth that value, less the assistive device
lessor's early termination savings.
Under this section, a reasonable allowance for use may not exceed the amount
obtained by multiplying the total amount paid by the consumer under a
purchase or for which the consumer is obligated under a written lease by a
fraction, the denominator of which is one thousand eight hundred twenty-five
(5)
(1,825), which is the number of days in a five (5) year period, and the
numerator of which is the number of days that the consumer used the assistive
device before first reporting the nonconformity to the manufacturer, assistive
device lessor, or assistive device dealer.
No person may enforce the lease against the consumer after the consumer
receives a refund.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 221, sec. 4, effective July 15, 1998.
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