Assistive Devoce Lemon Law
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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

Nebraska

Nebraska Revised Statutes 69 - 2603

Summary of the Law:

Who & What is covered:

Nebraska'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 devices is in for repair 2 or more times for substantially 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.

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 Nebraska without full disclosure to the consumer.

Details of the Law:

Devices Covered: Any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity, including, but not limited to, manual wheelchairs, motorized wheelchairs, motorized scooters, and other aides that enhance the mobility of an individual; hearing aids, telephone communication devices for the deaf (TTY), assistive listening devices, and other aides that enhance an individual's ability to hear; voice synthesized computer modules, optical scanners, talking software, braille printers, and other devices that enhance a sight-impaired individual's ability to communicate; environmental control units; and any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver.

Persons Covered: purchaser, lessor, transferee, anyone entitled to enforce warranty

Period Covered: Express Warranty of no less than 1 year from the date of purchase.

Disclosure Requirements: Full written disclosure

Required Consumer Notice: not applicable

Repair Requirements: Reasonable attempt to repair means within the terms of an express warranty applicable to a new assistive device: (1) Any nonconformity within the warranty that has been repaired by the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers on at least two previous occasions and a nonconformity continues; or (2) The assistive device is out of service for repair for an aggregate of at least thirty cumulative days because of warranty nonconformity.

Affirmative Defenses: If the defect is one of the following, the law does not apply (1) a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer or (2) a condition that is the result of normal use which could be resolved through fitting adjustments, cleaning, or proper care.

Replace or refund: Repair or refund or replacement

Other reimbursement: Collateral costs and any finance charges; also the consumer may be entitled to a rental assistive device reimbursement of up to twenty dollars per day. The applicable conditions are: The repair period exceeds ten working days, including the day on which the device is tendered to the dealer for repair; or The nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two previous occasions

Other remedies: not applicable

 Informal dispute resolution: not applicable

Resale of Lemon: Not without full written disclosure of the reasons for the return.

Links to State Info:
Nebraska Center for Education of Blind Children

 

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