Other remedies - waiver of rights void - limitation of coverage.

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(1) This part 5 shall not limit the rights or remedies available to a consumer under any other law of this state.

  1. This part 5 shall be in addition to and shall not limit the rights or remedies availableto a consumer under any manufacturer's warranty with respect to a facilitative device or other technological device designed to be used by and assist a person with a disability, regardless of the retail price of the facilitative device or other technological device.

  2. If a consumer waives the rights granted to consumers pursuant to this part 5, suchwaiver shall be void as against public policy.

  3. Notwithstanding the remedies that are available to a consumer pursuant to this part 5,a consumer may pursue any other remedy, including an action to recover damages caused by a violation of this part 5. If a manufacturer or dealer is found to have violated this part 5, a consumer shall be awarded the amount of actual damages caused by the violation and reasonable attorney fees. The consumer may be awarded collateral costs and punitive damages.

  4. Nothing in this part 5 shall be deemed or construed to be a warranty to consumers ofwheelchairs described in part 4 of this article.

Source: L. 98: Entire part added, p. 200, § 1, effective July 1.


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