S.B. 227

1

CONSUMER WARRANTIES ON ASSISTIVE
2 TECHNOLOGY
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gene Davis
6 AN ACT RELATING TO THE UNIFORM COMMERCIAL CODE; AMENDING REMEDIES
7 FOR NONCONFORMING ASSISTIVE TECHNOLOGY.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 70A-2-804, as enacted by Chapter 166, Laws of Utah 1997
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 70A-2-804 is amended to read:
13 70A-2-804. Nonconforming assistive technology -- Remedies.
14 (1) (a) If assistive technology does not conform to any applicable warranties, and the
15 consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer or lessor
16 within one year from the date of original delivery to the consumer, the manufacturer, its agent, or
17 authorized dealer or lessor shall make repairs necessary to conform the assistive technology to the
18 warranties, whether or not the repairs are made after one year from the date of original delivery.
19 (b) Repairs, including parts and labor, made under warranty shall be at no charge to the
20 consumer.
21 (2) After a reasonable attempt to repair the assistive technology, if the manufacturer, its
22 agent, or authorized dealer or lessor is unable to conform the assistive technology to applicable
23 warranties by repairing or correcting any defect, condition, or malfunction that substantially
24 impairs the use, value, or safety of the assistive technology, the manufacturer shall, within 30 days
25 of notice from and at the direction of the consumer:
26 (a) (i) replace the assistive technology with comparable new assistive technology; and
27 (ii) refund any collateral costs; or

28 (b) (i) accept return of the assistive technology; and
29 (ii) refund:
30 (A) the full purchase price, collateral costs, and any finance charges paid at the point of
31 sale[, less]; minus
32 (B) a reasonable allowance for the use of the assistive technology.
33 (3) (a) A "reasonable attempt to repair" has been made to conform assistive technology to
34 applicable warranties if:
35 [(a)] (i) the assistive technology has been subject to repair three or more times, for the
36 same reason, by the manufacturer, its agent, or authorized dealer or lessor; or
37 [(b)] (ii) the assistive technology is out of service to the consumer for an aggregate of 30
38 or more calendar days because of warranty nonconformities.
39 (b) The [30 days] 30-day period described in Subsection (3)(a)(ii) shall begin [upon] on
40 the day the consumer first makes the assistive technology available for repair to the manufacturer,
41 its agent, or authorized dealer or lessor.




Legislative Review Note
as of 2-8-99 3:46 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel