Assistive Device State Lemon Laws
North Dakota
North Dakota Cent Code 51 - 24 - 01
Summary of the Law:
Who
& What is covered:
North Dakota's statute covers any consumer who acquires
an assistive device (that is still under warranty) by purchase,
lease, transfer, or ability to enforce the warranty.
Consumer Remedies:
Under the statute, if an assistive devices is in
for repair 4 or more times for substantially the same defect or
is out of service 30 days or more within the warranty period, the
consumer must report the problem to the manufacturer, and make
the device available for repair. The consumer is then entitled
to a replacement assistive device or a refund of the price paid.
Additionally, if any one repair period exceeds 10 days (whether
anticipated or not) the consumer is entitled to a free loaner assistive
device.
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 North Dakota without full disclosure to the
consumer.
Details of the Law:
Devices Covered: Any item, piece of equipment, or
product system that a consumer purchases or accepts transfer of
in this state and which is used to increase, maintain, or improve
the functional capabilities of individuals with disabilities.
Persons Covered: Purchaser, transferee, lessee, and
anyone who can enforce the warranty.
Period Covered: At least one year from the date of
deliver of the assistive device. Also, a commercial seller must
accept return of any assistive device within 30 days from the date
of purchase or lease of the device if it has not met the needs
of the consumer.
Disclosure Requirements: Full disclosure is required.
Required Consumer Notice: Report the problem to the
manufacturer within the warranty period and make the device available
for repiar.
Repair Requirements: 4 times or 30 days out of service,
consecutive or nonconsecutive
Affirmative Defenses: Statute does not cover a condition
or defect that is the result of abuse or unforeseen alteration
of the assistive technology device by the consumer.
Replace or refund: Replace or refund
Other reimbursement: If the repair exceeds ten days,
whether expected or not, the consumer is entitled to a loaner assistive
device.
Other remedies: Consumer can be awarded twice the
amount of pecuniary loss together with costs, disbursements, reasonable
attorneys fees, and any equitable relief that the court finds appropriate.
Informal dispute resolution: not applicable
Resale of Lemon: Only with full disclosure to the
consumer.
Links to State Info:
Agricultural
Workers with Disabilities
Center for Persons
with Disabilities
N D School
for the Blind
N D
School for the Deaf
N
D S U Counseling and Disability Services
State
Aging Services
