(a) A "reasonable number of attempts to repair" an assistive technology device with a nonconformity means the occurrence of one or both of the following:
(1) The same nonconformity that is first reported during Term A is subject to repair two (2) or more times during Term B; or
(2) The device is out-of-service for an aggregate of thirty (30) or more calendar days during Term A because of one or more nonconformities.
(b) For purposes of counting the days for which a device is out-of-service because of one or more nonconformities, an out-of-service period shall begin with and include the day that is the later of:
(1) The day the nonconformity first appears; or
(2) The business day prior to the day on which the consumer first reports the nonconformity to the manufacturer of the device or its authorized dealer.
(c) For purposes of counting the days for which a device is out-of-service because of one or more nonconformities, an out-of-service period shall end with and include the day on which the device is returned after repair, and is then free of nonconformities, to the possession of the consumer, unless this return is made by 10:00 a.m. of that day in which case the out-of-service period shall end with and include the previous day.
(d) In the event an out-of-service period has commenced during Term A, then for purposes of subsection (a)(2), Term A shall continue until the end of this out-of-service period.
History of Section.
P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32.