Consumer to receive comparable device or refund, procedure
This law explains how someone can get a replacement device or their money back when an assistive device (like a wheelchair or hearing aid) has a problem the manufacturer could not fix. The person offers to give the broken device back to the manufacturer. The manufacturer then has 30 days to either give a comparable new device or a refund. Once the refund is paid, no one can make the consumer keep paying on a lease for that device.
407.961. to receive device or refund, procedure — against consumer after refund. — 1. To receive a comparable new or a refund due under 2 of section 407.957, a consumer described under (5) of section 407.950 shall offer to the of the assistive device having the to possession of that assistive device to that manufacturer. No later than thirty days after that offer, the manufacturer shall provide the consumer with the comparable assistive device or refund. When the manufacturer provides the new assistive device or refund, the consumer shall the assistive device having the nonconformity to the manufacturer, along with any necessary to transfer real possession to the manufacturer.
2. To receive a refund due under subdivision (3) of subsection 2 of section 407.957, a consumer described under paragraph (d) of subdivision (5) of section 407.950 shall offer to return the assistive device having the nonconformity to its manufacturer. No later than thirty days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the assistive device having the nonconformity.
3. To receive a refund due under subdivision (3) of subsection 2 of section 407.957, an shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer. No later than thirty 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.
4. No person shall the lease against the consumer after the consumer receives a refund due under subdivision (3) of subsection 2 of section 407.957.
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Source & history notes
(L. 1995 H.B. 333 § 1 subsecs. 8 to 11)
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