Assistive Device State Lemon Laws
Oregon
Oregon Revised Statutes 646 . 482 to 646 . 498
Summary of the Law:
Who
& What is covered:
Oregon's statute covers any consumer who acquires
by purchase or lease a wheel chair or scooter (or related device)
that is still under warranty.
Consumer Remedies:
Under the statute, if an assistive device is in for
repair 2 or more times for the same defect or out of service 30
days or more within the warranty period the consumer must offer
to transfer the device to the manufacturer. The manufacturer then
has 14 days to provide the consumer with a refund or 30 days to
provide a replacement device. Additionally, a consumer is entitle
to a loaner assistive device if the absence of a loaner would be
a threat to the safety of the consumer or if the assistive device
is out of service for more than seven calendar days.
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 Oregon without full disclosure to the consumer.
Details of the Law:
Devices Covered: wheelchairs, scooters or aids that
increase the mobility or positioning of a person using a wheelchair
and hearing aids
Persons Covered: purchasers or lessees
Period Covered: 1 year
Disclosure Requirements: not applicable
Required Consumer Notice: not applicable
Repair Requirements: 2 chances; 30 days out of service
Affirmative Defenses: not applicable
Replace or refund: either
Other reimbursement: not applicable
Other remedies: not applicable
Informal dispute resolution: not applicable
Resale of Lemon:
Links to State Info:
Assistive
Technology for Rural Elders
Autism,
Kathy and Calvin's Site for Oregon Parents
Big
Bear Countree, Outdoor Adventures
Children
With Disabilities
O
R School for the Blind
O R School
for the Deaf
Spinal
Injuries, The Still People Foundation
State
Disabilities Commission
Tucker
Maxon Oral School for the Deaf (Portland)
