Table of Contents Sec. 42-330. Definitions. As used in sections 42-330 to 42-336, inclusive, unless
the context otherwise requires: Sec. 42-331. Remedies for nonconformity in assistive technology device. Repair, replacement or refund. (a) If a nonconformity in an assistive technology device
occurs or exists during the term of an express warranty applicable to the assistive technology device or within two years of the delivery of the assistive technology device to
a consumer, whichever is longer, and the consumer reports the nonconformity to the
manufacturer of the assistive technology device or to any of such manufacturer's authorized dealers or lessors and makes the assistive technology device available for repair
during such period, the manufacturer shall repair the nonconformity or cause the nonconformity to be repaired in accordance with this section. If the manufacturer authorizes a
dealer or lessor to make any such repair, the manufacturer shall reimburse the dealer or
lessor for the cost of such repair. The manufacturer shall respond to a dealer's or lessor's
request for authorization to repair an assistive technology device not later than the end
of the business day following the business day on which such request was made. Sec. 42-332. Return by consumer of assistive technology device having nonconformity. (a) Any consumer who elects a remedy available under subdivision (1) of
subsection (d) of section 42-331 shall first offer to transfer the assistive technology
device to the manufacturer. Not later than thirty business days after the date such offer
is made, the manufacturer shall provide the consumer with the refund or the alternative
assistive technology device required by said subdivision. Upon receipt of such refund
or alternative assistive technology device, the consumer shall, at the manufacturer's
expense, return the assistive technology device having the nonconformity to the manufacturer or, if directed by the manufacturer, to a dealer, together with any endorsements
necessary to make such transfer. Sec. 42-333. Disclosure of reasons for return of assistive technology device
prior to sale or lease. No assistive technology device that is returned by a consumer
in this state under sections 42-331 and 42-332, or by a consumer in another state under
a similar law of such state, may be sold, leased or offered for sale or lease in this state
on or after January 1, 1998, unless full disclosure of the reasons for such return is made to
any prospective consumer who may purchase, lease or receive transfer of such assistive
technology device. Sec. 42-334. Regulations. The Commissioner of Consumer Protection, in consultation with the director of the Office of Protection and Advocacy for Persons with Disabilities, may adopt regulations, in accordance with chapter 54, to carry out the provisions
of sections 42-330 to 42-333, inclusive. Such regulations may establish an alternative
dispute resolution program to investigate and adjudicate disputes arising under sections
42-330 to 42-333, inclusive. Sec. 42-335. Civil action against manufacturer, dealer or lessor of assistive
technology device. In addition to any other remedy available under the laws of this
state, a consumer may bring a civil action against a manufacturer, dealer or lessor of an
assistive technology device based on an alleged violation of the provisions of sections
42-330 to 42-336, inclusive. If the court determines that such manufacturer, dealer or
lessor violated any provision of sections 42-330 to 42-336, inclusive, the court shall
award the consumer the amount of actual damages caused by such violation and may,
in its discretion, award to the consumer costs and reasonable attorney's fees. Sec. 42-336. Rights or remedies not limited. Waiver invalid. (a) Nothing in sections 42-330 to 42-336, inclusive, shall in any way limit the rights or remedies that are
otherwise available to a consumer under any other law.
Sec. 42-330. Definitions.
Sec. 42-331. Remedies for nonconformity in assistive technology device. Repair, replacement or refund.
Sec. 42-332. Return by consumer of assistive technology device having nonconformity.
Sec. 42-333. Disclosure of reasons for return of assistive technology device prior to
sale or lease.
Sec. 42-334. Regulations.
Sec. 42-335. Civil action against manufacturer, dealer or lessor of assistive technology
device.
Sec. 42-336. Rights or remedies not limited. Waiver invalid.
Secs. 42-337 to 42-344.
(1) "Assistive technology device" means any device sold, leased or transferred in
this state or to a consumer in this state on or after January 1, 1998, that is used or designed
to be used to enable or enhance the ability of a person with a disability to communicate,
see, hear or achieve mobility, including, but not limited to, (A) manual or motor-driven
wheelchairs and other assistive devices that enhance a mobility impaired person's ability
to achieve mobility, including seating and positioning aids, (B) telephone communication devices for the hearing impaired and other assistive listening devices that enhance
a hearing impaired person's ability to hear or communicate, but not including hearing
aids, (C) voice synthesized computer modules, optical scanners, talking software, braille
printers and other assistive devices that enhance a sight impaired person's ability to see
or communicate, (D) computer equipment with voice output, artificial larynges, voice
amplification devices and other alternative and augmentative communication devices,
(E) any system of such devices that, as a whole, is itself such a device, (F) any component
product of such devices that is itself ordinarily such a device, and (G) any such device
used primarily by a dealer, lessor or manufacturer for the purpose of demonstration to
the public or to prospective purchasers or lessees. "Assistive technology device" does
not include batteries used in or nonessential accessories to any such devices.
(2) "Collateral costs" means expenses incurred by a consumer in connection with
the repair of a nonconformity in an assistive technology device, including, but not limited
to, the cost of an alternative assistive technology device.
(3) "Consumer" means any person (A) who purchases an assistive technology device from a dealer or manufacturer for purposes other than for resale, (B) to whom an
assistive technology device is transferred if such transfer occurs before the expiration
of an express warranty applicable to such assistive technology device, (C) who may
enforce an express warranty applicable to an assistive technology device, or (D) who
leases an assistive technology device from a lessor under a written lease.
(4) "Dealer" means any person engaged in the business of selling assistive technology devices to consumers.
(5) "Early termination cost" means an expense or obligation that a lessor incurs as
a result of both the termination of a written lease for an assistive technology device
before the expiration of the lease term and the return of an assistive technology device
to a manufacturer under subsection (b) of section 42-331, including any penalty for
prepayment required under any financing arrangement.
(6) "Early termination savings" means an expense or obligation that a lessor avoids
as a result of both the termination of a written lease for an assistive technology device
before the expiration of the lease term and the return of an assistive technology device
to a manufacturer under subsection (b) of section 42-331, including any interest charge
that the lessor would have paid to finance the assistive technology device or, if not so
financed by the lessor, the difference between the total amount for which the lease
obligates the consumer during the period of the lease term remaining after the early
termination and the present value of the consumer's remaining obligation under the
lease as of the date of the early termination.
(7) "Express warranty" means an express warranty under section 42a-2-313 that is
applicable to an assistive technology device.
(8) "Lessor" means any person who leases an assistive technology device to consumers or who possesses a lessor's rights under a written lease for an assistive technology
device.
(9) "Manufacturer" means any person who manufactures or assembles assistive
technology devices, and any agent of such person, including importers, distributors,
factory branches, distributor branches and warrantors of such person's assistive technology devices, but does not include a dealer, a lessor or any person whose activity consists
solely of referring consumers to a dealer, a lessor or any person described in this subdivision.
(10) "Nonconformity" means a condition, malfunction or defect that substantially
impairs the use, value or safety of an assistive technology device or that is covered by
an express warranty applicable to an assistive technology device, but does not include
a condition or defect that is the result of abuse, neglect or unauthorized modification or
alteration of the assistive technology device.
(11) "Person with a disability" has the same meaning as set forth in section 46a-8.
(P.A. 97-100, S. 1.)
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(b) After an assistive technology device is made available for repair under subsection (a) of this section, the manufacturer shall reimburse the consumer for the reasonable
per day cost incurred by the consumer for the use of an equivalent assistive technology
device during the repair period if: (1) The repair period exceeds ten business days,
including the business day on which the assistive technology device is made available
to the manufacturer or dealer for repair; or (2) the nonconformity is the same as a nonconformity for which the assistive technology device has been made available for repair
under subsection (a) of this section on at least two previous occasions.
(c) If an assistive technology device is made available to a dealer or lessor for repair
by the manufacturer under subsection (a) of this section and the dealer or lessor fails to
forward the assistive technology device to the manufacturer in time for the manufacturer
to make the repair within ten business days after the business day on which the assistive
technology device was made available to the dealer or lessor, the dealer or lessor shall
reimburse the manufacturer for any amount actually paid to the consumer under subsection (b) of this section.
(d) If an assistive technology device is made available for repair under subsection
(a) of this section at least three times for the same nonconformity during the term of an
express warranty applicable to the assistive technology device or within two years of
the delivery of the assistive technology device to a consumer, whichever is longer, or
is out of service due to the same nonconformity for not less than thirty consecutive
or nonconsecutive calendar days during such period, and such nonconformity is not
repaired:
(1) If such assistive technology device was purchased, the manufacturer shall, as
directed by the consumer, either (A) accept return of the assistive technology device,
replace such returned assistive technology device with an alternative assistive technology device of comparable quality, size and function, and refund any collateral costs paid
by the consumer or by a holder of a perfected security interest in the returned assistive
technology device; or (B) accept return of the assistive technology device and refund
to the consumer or to the holder of a perfected security interest in the returned assistive
technology device, or both in proportions as may be applicable, an amount not exceeding
the full purchase price plus any finance charge, sales tax, shipping cost and collateral
costs paid by the consumer or by such holder, minus a reasonable allowance for use.
Such reasonable allowance for use shall not exceed an amount obtained by multiplying
the full purchase price of the returned assistive technology device by a fraction, the
denominator of which is 1,825 and the numerator of which is the number of days that
the returned assistive technology device was used before the consumer first reported
the nonconformity under subsection (a) of this section.
(2) If such assistive technology device was leased, the manufacturer shall, as directed by the lessor in accordance with the election of remedies by the consumer, either
(A) accept return of the assistive technology device, replace such returned assistive
technology device with an alternative assistive technology device of comparable quality,
size and function which shall be furnished by the lessor to the consumer as provided in
subsection (b) of section 42-332, and refund any collateral costs paid by the lessor or
by a holder of a perfected security interest in the returned assistive technology device;
or (B) accept return of the assistive technology device, refund to the lessor or to the
holder of a perfected security interest in the returned assistive technology device, or
both in proportions as may be applicable, the current value of the lease, and reimburse
the lessor for, and the lessor shall refund to the consumer as provided in subsection (b)
of section 42-332, the amount paid by the consumer under the lease as of the date of
such return plus any collateral costs, minus a reasonable allowance for use. For purposes
of this subdivision, the current value of such lease equals the total amount for which
such lease obligates the consumer during the period of the lease term remaining after
its early termination under this subdivision plus the lessor's early termination costs and
the value of the assistive technology device at the expiration of the lease term, if such
value is set forth in the lease, minus the lessor's early termination savings. Such reasonable allowance for use shall not exceed an amount obtained by multiplying the total
amount for which such lease obligates the consumer by a fraction, the denominator of
which is 1,825 and the numerator of which is the number of days that the returned
assistive technology device was used before the consumer first reported the nonconformity under subsection (a) of this section.
(P.A. 97-100, S. 2.)
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(b) Any consumer who elects a remedy available under subdivision (2) of subsection
(d) of section 42-331 shall first offer to return the assistive technology device to the
lessor. Not later than thirty business days after the date such offer is made, the lessor
shall provide the consumer with the refund or the alternative assistive technology device
required by said subdivision. Upon receipt of such refund or alternative assistive technology device, the consumer shall return the assistive technology device having the nonconformity to the lessor at the lessor's expense. Upon such return, the lessor shall offer to
return such assistive technology device to the manufacturer. Not later than thirty business
days after the date such offer is made by the lessor, the manufacturer shall reimburse
the lessor for any such refund made to the consumer plus any expenses incurred by the
lessor in the return of such assistive technology device by the consumer. Upon receipt
of such reimbursement, the lessor shall, if directed by the manufacturer and at the manufacturer's expense, return the assistive technology device having the nonconformity to
the manufacturer, together with any endorsements necessary to make such transfer.
(P.A. 97-100, S. 3.)
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(P.A. 97-100, S. 4.)
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(P.A. 97-100, S. 5.)
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(P.A. 97-100, S. 6.)
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(b) No act or agreement of a consumer shall constitute a valid waiver of any of the
provisions of sections 42-330 to 42-336, inclusive.
(P.A. 97-100, S. 7.)
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