[481K-6] Manufacturer's duty to provide reimbursement for temporary replacement of assistive devices; penalties. Whenever an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the manufacturer, its agent, representative, assistive device dealer, assistive device lessor, or repair agency dealer from whom it was purchased or exchanged for the purpose of repairing a nonconformity, the manufacturer shall provide directly to the consumer for the duration of the repair period a replacement assistive device or reimbursement for the cost incurred by the consumer to rent a replacement assistive device, if at least one of the following conditions exists:

(1) The repair period exceeds or is expected to exceed ten working days, including the day on which the device is tendered for repair; or

(2) The repair is of the same nonconformity for which the assistive device has been tendered for repair on at least two previous occasions. [L 1997, c 282, pt of 1]

 

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