Nonconformity not repaired within reasonable time, options of consumer
If a broken assistive device (like a wheelchair or hearing aid) cannot be fixed after a fair number of repair tries, the manufacturer has to make it right. The person who owns or leases the device can choose one of three options: get a brand new replacement device of the same kind, get their money back (the full price plus any finance charges and extra costs, minus a small amount for how long they used it), or if the device was leased, the lease gets canceled and the person gets back what they paid on the lease plus extra costs, again minus a small amount for use.
407.957. not repaired within reasonable time, options of . — 1. If, after a , the nonconformity is not repaired, the shall carry out the requirement set forth under 2 of this section.
2. If, after a reasonable attempt to repair, the nonconformity is not repaired, then at the direction of a consumer described under paragraph (a), (b), or (c) of (5) of section 407.950, the manufacturer shall do one of the following:
(1) Accept of the and replace the assistive device with a new assistive device and refund any ;
(2) Accept return of the assistive device and refund to the consumer and to any of a in the consumer's assistive device, as their interest may appear, the full purchase price plus any amount paid by the consumer at the and collateral costs, less a . A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the ;
(3) With respect to a consumer described under paragraph (d) of subdivision (5) of section 407.950, accept return of the assistive device, refund to the and to any holder of a perfected security interest in the assistive device, as their interest may appear, the and refund to the consumer the amount that the consumer paid under the plus any collateral costs, less a reasonable allowance for use.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 1995 H.B. 333 § 1 subsecs. 4, 5)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.