Assistive Device State Lemon Laws
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 statute, if an 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 device or a refund of the price
paid. Additionally, the consumer is entitled to a free "loaner" 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 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:
Assistive
Technology Resource Centers of Hawaii
Beach
Access Info
Giant
Resource Page, Tons of Links
Hawaii
Assistive Technology Loan Program
Hawaii
Center for the Deaf and Blind
