Assistive Device State Lemon Laws
Montana
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:
Assistive
Technology for Rural Elders
Coalition
of Montanans Concerned with Disabilities
Montana
School for the Deaf and the Blind
Montana
Works - Career Assistance
State
Disability Services Division
