Assistive Device State Lemon Laws
Maine
Maine Revised Statutes Annotated Section 1500 - 1500 F
Summary of the Law:
Who
& What is covered:
Maine's statute covers any consumer who acquires
an assistive device by purchase, lease, transfer, or ability to
enforce the warranty.
Consumer Remedies:
Under the statute, if an assistive device is in for
repair 3 or more times for the same defect or is out of service
30 days or more within the warranty period, the consumer is entitled
to a replacement assistive device or a refund of the price paid.
Additionally, the consumer is entitled to a free "loaner" assistive
device during any repair, and, in the case of a lease all lease
payments are suspended if no free loaner device is provided during
the repair period.
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 Maine without full disclosure to the consumer.
Details of the Law:
Devices Covered: Any device a consumer purchases
or accepts transfer of in this state used by a person with a disability
to offset the effect of the disability and enhance function in
carrying out a major life activity
Persons Covered: purchaser, lessee, transferee, any
person who can enforce the warranty
Period Covered: 1 year or length of lease term
Disclosure Requirements: not applicable
Required Consumer Notice: not applicable
Repair Requirements: 3 repair attempts of same defect
or 30 days out of service
Affirmative Defenses: abuse, neglect, unauthorized
modification or alteration; seller did not know of intended use
of device
Replace or refund: replace or refund
Other reimbursement: two times actual damages, free
loaner during repair; in case of a lease, lease payments are suspended
if no loaner provided during repair
Other remedies: all devices must be sold with 30
day trial period, attorney fees and costs
Informal dispute resolution: not applicable
Resale of Lemon: only with full disclosure
Links to State Info:
Guide
Horses for the Blind
Handicap
Skiing in Maine
Living
With Assistive Tehcnology
Maine
Optometric Association
State
Bureau of Medical Services
