As used in this part 5, unless the context otherwise requires:
"Collateral costs" means expenses incurred by a consumer in connection with therepair of a nonconformity in a facilitative device, including the cost of an alternative facilitative device or other facilitative device or service.
"Consumer" means:
A purchaser of a facilitative device, if the facilitative device was purchased from adealer or manufacturer for purposes other than resale;
A person to whom a facilitative device is transferred for purposes other than resale, ifsuch transfer occurs before the expiration of the express warranty applicable to such facilitative device;
A person who may enforce the express warranty applicable to a facilitative device; or(d) A person who leases a facilitative device from a lessor under a written lease.
"Dealer" means a person or entity that is in the business of selling facilitative devices, or any agents of that person or entity. "Dealer" includes an alternative warranty service provider.
(a) "Early termination cost" means any expense or obligation that a lessor of facilitative devices incurs as a result of:
(I) Terminating a written lease before the termination date set forth in the lease; and (II) Returning the facilitative device 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 lessor of facilitative devices avoids 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 lessor of facilitative devices would have paid to finance the facilitative device or, if the lessor did not finance the facilitative device, 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 4-
2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.
(7) "Facilitative device" means a device that has a retail price equal to or greater than one hundred dollars and that is exclusively designed and manufactured to assist a person with a disability with such person's specific disability, through the use of facilitative technology, to be self-sufficient or to maintain or improve that person's quality of life. "Facilitative device" does not include wheelchairs as that term is defined in section 6-1-402 (17). "Facilitative device" does include:
Telephone communication devices for the hearing impaired and other facilitativelistening devices except for hearing aids, as defined in section 12-210-102 (2), and surgically implanted hearing devices, as defined in section 12-210-102 (4);
Computer equipment and reading devices with voice input or output, optical scanners, talking software, braille printers, and other aids and devices that provide access to text by a person with a disability;
Computer equipment with voice output, artificial larynges, voice amplification devices, and other alternative and augmentative communication devices;
Voice recognition computer equipment, software and hardware accommodations, andother forms of alternative access to computers for persons with disabilities; and
Any other device, other than a wheelchair, that enables a person with a disability tocommunicate, see, hear, or maneuver.
"Facilitative technology" means technology used to develop technological devices tobe used exclusively for the purpose of assisting a person with a disability with respect to such person's specific disability by facilitating or enhancing that person's ability to be self-sufficient.
"Lessor" means a person or entity that leases a facilitative device to a consumer orthat holds the lessor's rights under a written lease, or any agents of that person or entity.
"Manufacturer" means a person or entity that manufactures or assembles facilitativedevices and 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 facilitative devices. "Manufacturer" does not include a dealer.
"Nonconformity" means a defect that substantially impairs the use, reliability, value, or safety of a facilitative device and that is covered by an express warranty applicable to such facilitative device or a component of such facilitative device. "Nonconformity" does not include a defect that is the result of abuse, neglect, or the unauthorized modification or alteration of a facilitative device by a consumer.
"Person with a disability" means a person who is considered to have a mental orphysical disability, impairment, or handicap for purposes of any other law of this state or of the United States, including any rule or regulation.
"Reasonable attempt to repair" means that one of the following has occurred withinthe term of an express warranty applicable to a new facilitative device or within one year after first delivery of a facilitative device to a consumer, whichever occurs earlier:
The same nonconformity is subject to repair at least three times by the manufacturer,the lessor, or any of the manufacturer's authorized dealers; or
Because of a nonconformity, the facilitative device cannot be used by the consumerfor an aggregate of at least thirty days.
"Replacement facilitative device" means a facilitative device of comparable quality,size, and function.
"Selling dealer" means the entity that originally sold the facilitative device to theconsumer and was involved in the design, assembly, fitting, and education of the consumer on the use and maintenance of the facilitative device.
Source: L. 98: Entire part added, p. 194, § 1, effective July 1. L. 99: (7)(a) amended, p. 654, § 9, effective May 18. L. 2007: (7)(a) amended, p. 809, § 3, effective July 1. L. 2013: IP(7) and (7)(a) amended, (SB 13-039), ch. 288, p. 1536, § 3, effective May 24. L. 2019: (7)(a) amended, (HB 19-1172), ch. 136, p. 1644, § 10, effective October 1.