(815 ILCS 301/1)
Sec. 1. Short title. This Act may
be cited as the Assistive Technology Warranty Act.
(Source: P.A. 94-378, eff.
1-1-06.)
|
(815 ILCS 301/5)
Sec. 5. Definitions. In this Act:
"Assistive technology device" means
any item, piece of equipment, or product system, whether acquired
commercially, modified, or customized, that is purchased or
leased, or whose transfer is accepted in this State, and that
is used to increase, maintain, or improve functional capabilities
of individuals with disabilities. "Assistive technology
device" does not mean any medical device, surgical device,
or organ implanted or transplanted into or attached directly
to an individual. "Assistive technology device" does
not include a "hearing instrument" or "hearing
aid" as defined in the Hearing Instrument Consumer Protection
Act. "Assistive technology device" also does not
include any device for which a certificate of title is issued
by the Secretary of State, Division of Motor Vehicles, but
does mean any item, piece of equipment, or product system otherwise
meeting the definition of "assistive technology device" that
is incorporated, attached, or included as a modification in
or to such certificated device.
"Assistive technology device
dealer" means a person who is in the business of selling
assistive technology devices.
"Assistive technology device lessor" means
a person who leases assistive technology devices to consumers,
or who holds the lessor's rights, under
a written lease.
"Collateral cost" means
expenses incurred by a consumer in connection with the repair
of a nonconformity, including the cost of shipping, sales tax,
and the cost of obtaining an alternative assistive technology
device.
"Consumer" means any
one of the following:
(1) A purchaser
of an assistive technology device, if
|
|
|
the assistive
technology device was purchased from an assistive
technology device dealer or manufacturer for purposes
other than resale.
|
|
|
(2)
A person to whom an assistive technology device
|
|
|
is transferred
for purposes other than resale, if the transfer
occurs before the expiration of an express warranty
applicable to the assistive technology device.
|
|
|
(3)
A person who may enforce a warranty applicable to
|
|
|
an assistive
technology device.
|
|
|
(4)
A person who leases an assistive technology
|
|
|
device from
an assistive technology device lessor under
a written lease.
|
|
|
"Consumer" does
not include a person who acquires an assistive technology
device at no charge through a donation.
"Demonstrator" means
an assistive technology device used primarily for the purpose of
demonstration to the public.
"Early termination cost" means
any expense or obligation that an assistive technology device lessor incurs
as a result of both the termination of a written lease before the
termination date set forth in the lease and the return of an assistive
technology device to the manufacturer, including a penalty for
prepayment under a financing arrangement.
"Early termination savings" means
any expense or obligation that an assistive technology device lessor avoids
as a result of both the termination date set forth in the lease
and the return of an assistive technology device to a manufacturer,
including an interest charge that the assistive technology device lessor would
have paid to finance the assistive technology device or, if the
assistive technology device lessor does
not finance the assistive technology device, the difference between
the total payments remaining for the period of the lease term remaining
after the early termination and the present value of those remaining
payments at the date of the early termination.
"Loaner" means an assistive
technology device provided free of charge to a consumer, for use
by the consumer, that need not be new or identical to, or have
functional capabilities equal to or greater than, those of the
original assistive technology device, but that meets all of the
following conditions:
(1) It
is in good working order.
(2) It
performs, at a minimum, the most essential
|
|
|
functions of
the original assistive technology device in light
of the disabilities of the consumer.
|
|
|
(3)
There is no threat to the health or safety of the
|
|
|
consumer due
to any differences between the loaner and the original
assistive technology device.
|
|
|
"Manufacturer" means
a person who manufactures or assembles assistive technology
devices and (i) any agent of
that person, including an importer, distributor, factory
branch, or distributor branch, and (ii) any warrantor of
an assistive technology device. The term does not include
an assistive technology device dealer or assistive technology
device lessor.
"Nonconformity" means
any defect, malfunction, or condition that substantially impairs
the use, value, or safety of an assistive technology device or
any of its component parts, but does not include a condition, defect,
or malfunction that is the result of abuse, neglect, or unauthorized
modification or alteration of the assistive technology device by
the consumer.
"Reasonable attempt to repair" means
any of the following occurring within the term of an express warranty
applicable to a new assistive technology device or within one year
after the first delivery of the assistive technology device to
a consumer, whichever is sooner:
(1) The
manufacturer, the assistive technology device
|
|
|
lessor,
or any of the manufacturer's authorized assistive
technology device dealers accept return of the
new assistive technology device for repair at least
2 times.
|
|
|
(2)
The manufacturer, the assistive technology device
|
|
|
lessor,
or any of the manufacturer's authorized assistive
technology device dealers place the assistive technology
device out of service for an aggregate of at least
30 cumulative days because of nonconformities covered
by a warranty that applies to the device.
|
|
|
(Source: P.A. 94-378, eff. 1-1-06.)
|
(815 ILCS 301/10)
Sec. 10. Express warranty. A manufacturer
or assistive technology device lessor who
sells or leases an assistive technology device to a consumer,
either directly or through an assistive technology device dealer,
must furnish the consumer with an express warranty for the assistive
technology device warranting that the device is free of any nonconformity.
The duration of the express warranty must be not less than one
year after the date of the initial delivery of the assistive
technology device to the consumer. If the manufacturer fails
to furnish an express warranty as required by this Section, the
manufacturer shall be deemed to have warranted to the consumer
of an assistive technology device that, for a period of one year
after the date of the initial delivery to the consumer, the assistive
technology device will be free from any condition or defect that
substantially impairs the value of the assistive technology device
to the consumer. The express warranty takes effect on the date
the consumer initially takes possession of the new assistive
technology device.
(Source: P.A. 94-378, eff.
1-1-06.)
|
(815 ILCS 301/15)
Sec. 15. Assistive technology device
replacement or refund.
(a) If a new assistive technology
device does not conform to an applicable express warranty and
the consumer (i) reports the nonconformity to the manufacturer, the assistive
technology device lessor, or any of
the manufacturer's authorized assistive technology device dealers
and (ii) makes the assistive technology device available for
repair before one year after the first delivery of the device
to the consumer or within the period of the express war
|
|
