Assigned to CED FOR COMMITTEE

ARIZONA STATE SENATE

Phoenix, Arizona

FACT SHEET FOR H.B. 2676

assistive devices; warranties

Purpose

Requires express warranties to be provided by manufacturers of assistive devices for one year.

Background

Currently, statute does not address warranties for assistive devices. Assistive devices, in accordance with H.B. 2676, include such items as a manual or motorized wheelchair, voice synthesized computer modules, optical scanners, talking software, braille printers, and other devices which enable someone with a disability to communicate, see, hear, speak, maneuver or manipulate their environment. This legislation is being introduced to address concerns that have arisen due to the absence of sufficient warranties associated primarily with high-tech assistive devices. For example, a high-tech wheelchair may cost $22,000 and have a lifetime warranty on the frame, yet the electronic parts are only covered by a ninety day warranty.

H.B. 2676 requires manufacturers to provide express warranties for at least one year on assistive devices. At the time of possession, consumers of assistive devices are to be given a notice which informs them of the one-year warranty and their obligations and rights with respect to the warranty. In addition, this bill provides the consumer with options such as a comparable replacement device or a refund if the assistive device they purchased is unable to be repaired or does not conform to the warranty as long as the assistive device is made available for repair.

This bill does not contain a discernable fiscal impact to the general fund.

Provisions

1. Requires manufacturers to give consumers express warranties against defects, malfunctions or conditions on assistive devices for at least one year.

2. Stipulates that if the assistive device does not conform to the express warranty and the consumer notifies the manufacturer making it available for repair, then the nonconformity is required to be repaired at no charge.

3. Specifies options available to specific consumers if the nonconformity of an assistive device is not repaired.

FACT SHEET H.B. 2676 Page

4. Requires specified written notice to be given to the consumer at the time they take possession of the assistive device by the assistive device dealer or lessor.

5. Specifies that an assistive device dealer is not liable to a manufacturer for a refund if the dealer repairs the device in consistently with the manufacturer's instructions.

6. Stipulates that this section does not limit the rights or remedies available by any other law to a consumer and that a waiver of rights by a consumer is void.

7. Allows the consumer to bring an action to Superior Court in order to recover damages due to a violation pertaining to this section and specifies amounts in which the court can award.

8. Contains definitions.

9. Contains a general effective date.

House Action

HS 2/19/98 DPA 9-0-0-2-0

3rd Read 4/16/98 DPA 59-0-1-0

Prepared by Senate Staff

April 21, 1998

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