Assistive Device State Lemon Laws
Delaware
Summary of the Law:
Who & What is covered:
Delaware’s law covers a consumer who acquires by purchase or
other transfer a wheelchair or any item, piece of equipment,
or product system designed and used to increase, maintain, or improve the
functional capabilities of
individuals, and persons who have the right to enforce the warranty on
such equipment
Consumer Remedies:
Under the law, if an assistive device is in for repair of a substantial
defect 2 or more times or out of service for a total of 30 or more days during
the first year, and the consumer has given notice to the manufacturer, then
the consumer has the option of electing a free replacement or a full r
epurchase plus collateral costs.
Resale of "lemon" assistive devices: only with mandatory
presale notice of the product's repurchase under the lemon law
Details of the Law:
6 Del. Code Chapter 50B
Persons Covered: a consumer who purchases or leases or to whom there
is transferred or who may enforce the warranty on a covered equipment or device
Period Covered: one year
Disclosure Requirements: lemon law rights notice mandatory at date of sale
Required Consumer Notice: written notice to manufacturer or dealer of
warranty-covered repair events
Repair Requirements: 2 attempts or cumulative total of 30 days out of service
Affirmative Defenses: not applicable
Replace or refund: consumer's choice of replace or refund must be
provided within 30 days of receipt of consumer's notice
Other reimbursement: collateral costs, replacement rental costs
recoverable during repair events
Informal dispute resolution: none
Resale of Lemon: prohibited without notice of reason for repurchase
Links to State Info:
Assistive
Technologies Network
Autism
Society of Delaware
Council
for the Blind
Family
Voices
The
Governor (ask her why we have no A D Lemon Law)
Parent Information
Center
School
for the Deaf
State
Division for the Visually Impaired
State
Office for the Deaf
State Device Assistance: Delaware Assistive Technology
Initiative
Center for Applied Science and Engineering
University of Delaware/DuPont Hospital for Children
1600 Rockland Road, Room 154
P.O. Box 269
Wilmington, DE 19899-0269
(302) 651-6790 V
(302) 651-6794 TTY
(302) 651-6793 Fax
