New Jersey § 56:12-75

§ 56:12-75.

As used in this act: “ Collateral costs ” means expenses incurred by a consumer in connection with the repair of a nonconformity,

including the costs of obtaining an alternative wheelchair or other assistive device

for mobility. “ Consumer ” means any of the following: (1) The purchaser of a motorized wheelchair, if the motorized wheelchair was purchased

from a motorized wheelchair dealer or manufacturer for purposes other than resale. (2) A person to whom the motorized wheelchair is transferred for purposes other than

resale, if the transfer occurs before the expiration of an express warranty applicable

to the motorized wheelchair. (3) A person who may enforce the warranty. (4) A person who leases a motorized wheelchair from a motorized wheelchair lessor

under a written lease. “ Demonstrator ” means a motorized wheelchair used primarily for the purpose of demonstration to

the public. “ Director ” means the Director of the Division of Consumer Affairs in the Department of Law

and Public Safety. “ Early termination cost ” means any expense or obligation that a motorized wheelchair lessor incurs as a result

of both the termination of a written lease before the termination date set forth in

that lease and the return of a motorized wheelchair to a manufacturer pursuant to

section 4 of this act. 1 “Early termination cost” includes a penalty for prepayment under a finance arrangement. “ Early termination savings ” means any expense or obligation that a motorized wheelchair lessor avoids as a result

of both the termination of a written lease before the termination date set forth in

that lease and the return of a motorized wheelchair to a manufacturer pursuant to

section 4 of this act. “Early termination savings” includes an interest charge that the motorized wheelchair

lessor would have paid to finance the purchase of the motorized wheelchair or, if

the motorized wheelchair lessor does not finance the purchase of the motorized wheelchair,

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 that amount at the date of the early termination. “ Manufacturer ” means a person who manufactures or assembles motorized wheelchairs and agents of

that person, including an importer, a distributor, factory branch, distributor branch

and any warrantors of the manufacturer's motorized wheelchairs, but does not include

a motorized wheelchair dealer. “ Motorized wheelchair ” means any motor-driven wheelchair, including a demonstrator, and all accompanying

power accessories utilized to operate the wheelchair, that a consumer purchases or

accepts transfer of in this State for the purpose of increasing independent mobility,

in the activities of daily living, of an individual who has limited or no ambulation

abilities, and includes motorized power scooters designed primarily for indoor use

and retrofit power units designed to motorize power wheelchairs. “ Motorized wheelchair dealer ” or “ dealer ” means a person who is in the business of selling motorized wheelchairs. “ Motorized wheelchair lessor ” or “ lessor ” means a person who leases a motorized wheelchair to a consumer, or who holds the

lessor's rights, under a written lease. “ Nonconformity ” means a condition or defect that substantially impairs the use, value or safety

of a motorized wheelchair, and that is covered by an express warranty applicable to

the motorized wheelchair or to a component of the motorized wheelchair, but does not

include a condition or defect that is the result of abuse, neglect or unauthorized

modification or alteration of the motorized wheelchair by a consumer. “ Reasonable attempt to repair ” means, within the term of an express warranty applicable to a new motorized wheelchair,

or within one year after first delivery of the motorized wheelchair to a consumer,

whichever is sooner, that: (1) A nonconformity within the warranty has been subject to repair by the manufacturer,

lessor or any of the manufacturer's authorized dealers at least three times and the

nonconformity continues; or (2) The motorized wheelchair is out of service for an aggregate of at least 20 days

due to a nonconformity, after having been returned to the manufacturer, motorized

wheelchair lessor or any of the manufacturer's authorized dealers for repair. 1

N.J.S.A. § 56:12-78.