Assistive Device State Lemon Laws
South Carolina
South Carolina Code Annotated 39 - 54 - 10
Summary of the Law:
Who
& What is covered:
South Carolina's statute covers any consumer who
acquires by purchase, lease, transfer, or ability to enforce the
warranty an assistive device that is still under warranty.
Consumer Remedies:
Under the statute, any non-conformity or defect with
an assistive device must be repaired within a reasonable number
of attempts. The consumer must notify the manufacturer of the defects
and make the device available for repair. If a defect or non-conformity
is not fixed within a reasonable number of attempts, the consumer
then has the option of receiving a replacement 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 South Carolina without full disclosure to the
consumer.
Details of the Law:
Devices Covered: manual wheelchairs, motorized wheelchairs,
motorized scooters, and other mobility aids for moving, walking,
standing, sitting, and positioning; telephone communication devices
for the hearing impaired; augmentative communication devices; assistive
listening devices, systems, and other aids 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; home, vehicle,
and workplace modifications, prosthetics, and orthotics; 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: Not less than one year from date
of purchase
Disclosure Requirements: not applicable
Required Consumer Notice: Consumer must report the
nonconformity to the manufacturer, the assistive technology device
lessor, or any of the manufacturer's authorized assistive technology
device dealers and make the assistive technology device available
for repair before one year after first delivery of the assistive
technology device to the consumer.
Repair Requirements: A reasonable attempt at repair
must be made and the non-conformity must be fixed within that reasonable
attempt.
Affirmative Defenses: not applicable
Replace or refund: Refund or Replace
Other reimbursement: Collateral costs
Other remedies: Consumer can also bring an action
for damages for violation of this law.
Informal dispute resolution: not applicable
Resale of Lemon:
Links to State Info:
Advocacy
for People with Disabilities
Aging and Disability
Services Information
Autism Society,
S C
Babcock
Center, Lifelong Disabilities
Center
for Disability Resources, U S C
Commission
for the Blind
Family
Connections
School
for the Deaf and the Blind
