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Assistive Device State Lemon Laws

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New York

New York General Business Law - Article 32  Section 670 (Wheel Chairs)

New York Vehicle and Traffic Law

Summary of the Law:

Who & What is covered:

New York'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 must offer to turn possession of the wheel chair over to the manufacturer. The consumer is then entitled to a replacement wheel chair or a refund of the price paid. Additionally, the consumer may chose to have their dispute handed over to an alternative dispute resolution mechanism that has been put in place by the state of New York.

Resale of "lemon" wheel chairs:

Any wheel chair which is repurchased by the manufacturer because it is a "lemon" under this statute cannot be resold in New York without full disclosure to the consumer.

Details of the Law:

Devices Covered: Wheelchairs

Persons Covered: Purchaser, Lessee, transferee, anyone who can enforce the warranty.

Period Covered: 1 year from date of purchase.

Disclosure Requirements: Full disclosure

Required Consumer Notice: not applicable

Repair Requirements: 3 repair attempts or 30 days out of service

Affirmative Defenses: not applicable

Replace/refund: Replacement or Refund

Other reimbursement: not applicable

Other remedies: not applicable

Informal dispute resolution: Exists at the option of the consumer- consumer may chose to have their dispute handed over to an alternative dispute resolution mechanism set in place by the state.

Resale of Lemon: Only with full disclosure.

Links to State Info:

Cleary School for the Deaf
Lexington School for the Deaf
Mill Neck School for Deaf Children
NY Institute for Special Education (for children's needs)
National Technical Institute for the Deaf (Rochester)
St. Mary's School for the Deaf

 

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