(1) (a) Except as provided in subsection (2) of this section, a consumer who purchases or leases a new wheelchair either directly or indirectly through a dealer or lessor shall receive an express warranty for such wheelchair. The manufacturer shall issue this express warranty that shall extend for not less than one year after first delivery to the consumer.
(b) Except as provided in subsection (2) of this section, a selling dealer shall provide an express warranty for any modifications made by the dealer that shall also extend for not less than six months after first delivery to the consumer.
Notwithstanding the provisions of subsection (1) of this section, the warranty for thespecialty control module shall be limited to the warranty provided by the manufacturer of such specialty control module or ninety days, whichever is longer.
If a manufacturer or dealer fails to furnish the express warranty required by thissection, the wheelchair shall be covered by a warranty the same as if an express warranty had been provided by the manufacturer or dealer pursuant to this section.
Any entity that sells or leases wheelchairs in this state, including any entity that sellsor leases through mail order or catalogue sales, shall designate an authorized servicer for such chairs that is located in this state in reasonable proximity to the consumer.
(a) In the event that the selling dealer from whom the consumer purchased the wheelchair goes out of business or ceases to be an authorized dealer or service center for the manufacturer, or if the dealer or consumer moves or relocates to a location that makes it unreasonable for the consumer to seek warranty service from the selling dealer, or if the consumer is dissatisfied with the selling dealer, the consumer shall be responsible for contacting the manufacturer or another authorized dealer which will be responsible for facilitating the warranty service required with an authorized dealer, to be mutually agreed upon by the consumer and the manufacturer, which entity shall be referred to as the alternative warranty service provider.
In the event that an alternative warranty service provider is designated pursuant toparagraph (a) of this subsection (5), the consumer may only seek warranty service from such alternative warranty service provider.
To the extent reasonable and possible, the manufacturer shall take into account theindependent mobility resources of the consumer when determining the alternative warranty service provider pursuant to the provisions of this subsection (5).
Source: L. 97: Entire part added, p. 607, § 1, effective July 1.