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Assistive Device State Lemon Laws

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Montana Code Annotated 30 - 14 - 1202 (Wheel Chairs)

Summary of the Law:

Who & What is covered:

Montana's statute covers any consumer who acquires a wheel chair by purchase, lease, transfer, or ability to enforce the warranty.

Consumer Remedies:

Under the statute, if a wheel chair 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 wheel chair or a refund of the price paid.

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 Montana without full disclosure to the consumer.

Details of the Law:

Devices Covered: Wheel chairs

Persons Covered: Purchaser, transferee, lessee, or anyone who can enforce the warranty

Period Covered: One day from the date of sale

Disclosure Requirements: not applicable

Required Consumer Notice: not applicable

Repair Requirements: Any nonconformity which is a defect that substantially impairs the use, safety or value of a wheelchair within 3 attempts or 30 days out of service.

Affirmative Defenses: Abuse, neglect, unauthorized modification

Replace or refund: Replace or refund

Other reimbursement: not applicable

Other remedies: not applicable

Informal dispute resolution: not applicable

Resale of Lemon: Only with full disclosure

Links to State Info:
Montana Works - Career Assistance


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