Current through the 2023 Regular Session
Section 30-14-1202 - DefinitionsAs used in this part, the following definitions apply:
(1) "Collateral costs" mean the expenses incurred by a consumer for the repair of a nonconformity, including the costs of obtaining an alternative wheelchair.(2) "Consumer" means a person: (a) who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;(b) to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;(c) who may enforce the warranty; or(d) who leases a wheelchair from a wheelchair lessor under a written lease.(3) "Manufacturer" means a person or an agent of a person who manufactures or assembles wheelchairs. The term includes an importer, factory branch, and any warrantor of the manufacturer's wheelchairs. The term does not include a wheelchair dealer.(4) "Nonconformity" means a defect that substantially impairs the use, value, or safety of a wheelchair or that is covered by an express warranty applicable to the wheelchair or to components of a wheelchair. The term does not include a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the wheelchair by the consumer.(5) "Wheelchair" means a manually powered or motor-driven wheelchair, scooter, or other motorized device that is used for mobility assistance, that costs $500 or more, and that a consumer purchases or accepts by transfer.(6) "Wheelchair dealer" means a person who is in the retail business of selling wheelchairs.En. Sec. 2, Ch. 259, L. 1995.