Assistive Devoce Lemon Law
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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

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:
State Aging Services

 

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