Assistive Device State Lemon Laws
Arizona
Arizona Revised Statutes 44 - 1351
Summary of the Law:
Who & What is covered:
Arizona’s statute covers any consumer who acquires
by purchase, lease, transfer, or right to enforce a warranty a wheelchair or a
new assistive device or one that is still under
warranty.
Consumer Remedies:
Under the statute, if a wheelchair or an assistive device is in for
repair 2 or more times for the same defect or is out of service
for 30 days or more within the warranty period the consumer has
the option of getting a replacement device or a refund of the price
paid.
Resale of "lemon" assistive devices:
Any wheelchair or assistive device which is repurchased by the
manufacturer because it is a "lemon" under this statute
cannot be resold in Arizona without full disclosure to the consumer.
Details of the Law:
Devices Covered: any device used to assist an individual
with a disability in connection with a major life activity
Persons Covered: purchaser, lessor, transferee, anyone
entitled to enforce warranty
Period Covered: 1 year
Disclosure Requirements: Lemon Law rights notice
at date of sale
Required Consumer Notice: written notice to manufacturer
Repair Requirements: 2 repair attempts on same defect
or 30 days out of service
Affirmative Defenses: intervening cause was an accident,
abuse, neglect, unauthorized modification or alteration
Replace or refund: replace or refund minus setoff
for use
Other reimbursement: collateral costs
Other remedies: not applicable
Informal dispute resolution: not applicable
Resale of Lemon: only with full disclosure
Links to State Info:
Arizona
Schools for the Deaf and Blind
Center
for Disability Law - Self Advocacy Guides
Children's
Advocacy Network
Dr. Boone
Voice Therapy, Tucson
Loans for Assistive
Technology
Parent
Network, Asperger
Pheonix
Day School for the Deaf
Special
Education Advocate, Linda Dannemiller
