As used in this part 4, unless the context otherwise requires:
"Collateral costs" means expenses incurred by a consumer in connection with therepair of a nonconformity in a wheelchair, including the cost of an alternative wheelchair, if a loaner, as that term is defined in subsection (8) of this section, was not offered to the consumer, or other assistive device or service for mobility assistance. "Collateral costs" shall not include the cost of hiring a personal assistant.
"Consumer" means:
A purchaser of a wheelchair, if the wheelchair was purchased from a wheelchairdealer or manufacturer for purposes other than resale;
A person to whom a wheelchair is transferred for purposes other than resale, if suchtransfer occurs before the expiration of the express warranty applicable to such wheelchair; (c) A person who may enforce the express warranty applicable to a wheelchair; or (d) A person who leases a wheelchair from a wheelchair lessor under a written lease.
"Dealer" means a person or entity that is in the business of selling wheelchairs or anyagents of that person or entity. "Dealer" includes an alternative warranty service provider.
(a) "Early termination cost" means any expense or obligation that a wheelchair lessor incurs as a result of:
(I) Terminating a written lease before the termination date set forth in the lease; and (II) Returning the wheelchair to the manufacturer.
(b) "Early termination cost" includes any prepayment penalty under a finance arrangement.
"Early termination savings" means any expense or obligation that a wheelchair lessoravoids as a result of performing the acts described in paragraph (a) of subsection (4) of this section. "Early termination savings" includes any interest charge that the wheelchair lessor would have paid to finance the wheelchair or, if the wheelchair lessor did not finance the wheelchair, the difference between the total amount the lessee was obligated to pay over the period of the lease term remaining after the early termination date and the present value of that amount on the early termination date.
"Express warranty" means an express warranty as set forth in sections 4-2-313 and 42.5-210, C.R.S. An express warranty shall cover every part of a new wheelchair except the tires and batteries.
"Lessor" means a person or entity that leases a wheelchair to a consumer or thatholds the lessor's rights under a written lease or any agents of that person or entity.
"Loaner" means a wheelchair that is provided to the consumer for use free of chargethat is not required to have the functional capabilities equal to or greater than those of the original wheelchair but that meets the following conditions:
It is in good working order;
It performs at a minimum the most essential functions of the original wheelchair inlight of the disabilities of the user;
It is usable by the consumer given the consumer's impairments; and
Any difference between the loaner and the original wheelchair does not create a threat to safety.
"Manufacturer" means a person or entity that manufactures or assembles wheelchairsand any agents of that person or entity, including an importer, a distributor, an authorized servicer, a factory branch, a distributor branch, and warrantors of the manufacturer's wheelchairs. "Manufacturer" does not include a dealer.
"Modular assembly" means a device added to the wheelchair base to accommodatethe special needs of the consumer, such as seating systems, tilt or recline systems, and specially adapted control modules.
"Nonconformity" means a defect that substantially impairs the use, reliability, value, or safety of a wheelchair and that is covered by an express warranty applicable to such wheelchair or a component of such wheelchair. "Nonconformity" does not include a defect that is the result of abuse, neglect, or the unauthorized modification or alteration of a wheelchair by a consumer.
"Reasonable attempt to repair" means that one of the following has occurred withinthe term of an express warranty applicable to a new wheelchair or within one year after first delivery of a wheelchair to a consumer, whichever occurs earlier:
The same nonconformity is subject to repair at least three times by the manufacturer,lessor, or any of the manufacturer's authorized dealers; or
Because of a nonconformity, the wheelchair cannot be used by the consumer for anaggregate of at least thirty days or ten consecutive business days.
"Replacement wheelchair" means a wheelchair of comparable quality, size, and function.
"Selling dealer" means the entity that originally sold the wheelchair to the consumerand was involved in the design, assembly, fitting, and education of the consumer on the use and maintenance of the wheelchair.
"Specialty control module" means the technologically advanced electronic device oflimited availability that contains the signal and output circuitry for a power wheelchair designed and assembled for use by a specific individual with severe limitations who is unable to use a standard control module.
"Standard wheelchair" means a wheelchair that has seat width and depth dimensions of sixteen to eighteen inches.
"Wheelchair" means any wheelchair, scooter, or modular assembly, including a demonstrator, that is motor driven or manually operated that a consumer purchases or accepts transfer of in this state for the purposes of mobility assistance.
Source: L. 97: Entire part added, p. 605, § 1, effective July 1.