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California Assistive Device Lemon Law                                        

California Civil Code §1791

 Who & What is Covered?
California's statute covers any consumer who acquires by purchase, lease, transfer, or right to enforce the warranty , a new or used assistive device.
Consumer Remedies:
The seller must provide the consumer, at the date of sale, a written notice of consumer rights available under this statute. Under the state, if any wheelchair is in for repair four or five times for the same defect or out of service for 30 days or more within the warranty period, the consumer has the option of getting a replacement wheelchair or a refund of hte price paid. Additionally, if a wheelchair will be out of service longer than one business day for any repair a loaner wheelchair must be provided at no additional charge.
 
Resale of "lemon" assistive devices:
Any assistive device which is repurchased by the manufacturer because it is a "lemon" under this statute cannot be resold in California without full disclosure of the consumer.
 
Details of the Law:
Devices covered: any piece of equipment, sold, new or used, to assist an individual with a disability, such as a medical device (for instance, a prosthetic, wheelchair, or hospital bed), an audio or tactile device for the blind, a TDD machine, a communication device, costing more than $15. Excluded: surgical implants and catalog sale items (except for hearing aids), normal eye care products (glasses and contact lenses).
 
Period covered: 30 day minimum warranty; for new wheelchairs, 1 year; for used wheelchairs, 60 days; mandatory implied warranties at least 60 days except in an "as is" sale.
 
Disclosure requirement: written rights notice.
 
Required consumer notice: not applicable
 
Repair requirements: wheelchair - 4 attempts on same defect or 30 days out of service.
 
Affirmative defenses: unauthorized or unreasonable use.
 
Replace or refund: replace or refund minus usage setoff.
 
Other reimbursement: collateral charges.
 
Other remedies: 30 day right to cancel based on failure to meet the buyer's particular needs; must provide loaner when wheelchair is out of service for 24-hours or more.
 
Informal dispute resolution: not applicable.
 
Resale of lemon: only with full disclosure.

 

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