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[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 227 Enrolled
AN ACT RELATING TO THE UNIFORM COMMERCIAL CODE; AMENDING REMEDIES
FOR NONCONFORMING ASSISTIVE TECHNOLOGY; AND MAKING TECHNICAL
CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
70A-2-804, as enacted by Chapter 166, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 70A-2-804 is amended to read:
70A-2-804. Nonconforming assistive technology -- Remedies.
(1) (a) If assistive technology does not conform to any applicable warranties, and the
consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer or lessor
within one year from the date of original delivery to the consumer, the manufacturer, its agent, or
authorized dealer or lessor shall make repairs necessary to conform the assistive technology to the
warranties, whether or not the repairs are made after one year from the date of original delivery.
(b) Repairs, including parts and labor, made under warranty shall be at no charge to the
consumer.
(2) After a reasonable attempt to repair the assistive technology, if the manufacturer, its
agent, or authorized dealer or lessor is unable to conform the assistive technology to applicable
warranties by repairing or correcting any defect, condition, or malfunction that substantially
impairs the use, value, or safety of the assistive technology, the manufacturer shall, within 30 days
of notice from and at the direction of the consumer:
(a) (i) replace the assistive technology with comparable new assistive technology; and
(ii) refund any collateral costs; or
(b) (i) accept return of the assistive technology; and
(ii) refund:
(A) the full purchase price, collateral costs, and any finance charges paid at the point of sale[
(B) a reasonable allowance for the use of the assistive technology.
(3) (a) A "reasonable attempt to repair" has been made to conform assistive technology to
applicable warranties if:
[
reason, by the manufacturer, its agent, or authorized dealer or lessor; or
[
more calendar days because of warranty nonconformities.
(b) The [
day the consumer first makes the assistive technology available for repair to the manufacturer, its
agent, or authorized dealer or lessor.
[Bill Documents][Bills Directory]