Assistive Devoce Lemon Law
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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

Hawaii

Hawaii Revised Statutes 481 k - 6

Summary of the Law:

Who & What is covered:

Hawaii's statute covers any consumer who acquires by purchase, lease, transfer, or ability to enforce the warranty an assistive device.

Consumer Remedies:

Under the law, if a wheelchair or assistive device is in for repair 2 or more times for the same defect or out of service more 30 or more days within the warranty period, the consumer had the option of getting a replacement or a refund of the price paid. Additionally, the consumer is entitled to a free "loaner" wheelchair or assistive device after 2 repair attempts for the same defect, or for any repair that will take 10 days or longer.

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 Hawaii without full disclosure to the consumer.

Details of the Law:

Devices Covered: any device a consumer purchases or accepts in this state used to assist a person with a disability in connection with a major life activity

Persons Covered: purchaser, lessee, transferee, any person who can enforce the warranty

Period Covered: 1 year, tolled for days out of service or under repair

Disclosure Requirements: not applicable

Required Consumer Notice: not applicable

Repair Requirements: 30 business days out of service or 2 repair attempts of same defect

Affirmative Defenses: accident, abuse, neglect, unauthorized alteration or modification

Replace or refund: replace or refund minus usage setoff

Other reimbursement: finance charges, collateral charges, shipping costs

Other remedies: free loaner after 2 repair attempts of same defect or if repairs may take 10 days or more

Informal dispute resolution: not applicable

Resale of Lemon: only with nature of defect disclosure and mandatory "buyback" notice

Links to State Info:
Beach Access Info
Giant Resource Page, Tons of Links

 

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