Assistive Devoce Lemon Law
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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

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
Council for the Blind
Family Voices
The Governor (ask her why we have no A D Lemon Law)
Parent Information Center
State Division for the Visually Impaired

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

 

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