Oklahoma § 15-910.4 - Receipt of new assistive device or refund - Actions

§ 15-910.4. Receipt of new assistive device or refund - Actions

required of consumer - Sale or lease of returned assistive devices.

A. To receive a comparable new assistive device or a refund due

under Section 4 of this act, a consumer shall offer to the

manufacturer of the assistive device having the nonconformity to

transfer possession of that assistive device to that manufacturer.

No later than thirty (30) days after that offer, the manufacturer

shall provide the consumer with the comparable assistive device or

Oklahoma Statutes - Title 15. Contracts

refund. When the manufacturer provides the new assistive device or

refund, the consumer shall return the assistive device having the

nonconformity to the manufacturer, along with any endorsements

necessary to transfer real possession to the manufacturer.

B. To receive a refund due under subsection B of Section 4 of

this act, a consumer described under subparagraph d of paragraph 5

of Section 2 of this act shall offer to return the assistive device

having the nonconformity to its manufacturer. No later than thirty

(30) days after that offer, the manufacturer shall provide the

refund to the consumer. When the manufacturer provides the refund,

the consumer shall return to the manufacturer the assistive device

having the nonconformity.

C. To receive a refund due under subsection B of Section 4 of

this act, an assistive device lessor shall offer to transfer

possession of the assistive device having the nonconformity to its

manufacturer. No later than thirty (30) days after that offer, the

manufacturer shall provide the refund to the assistive device

lessor. When the manufacturer provides the refund, the assistive

device lessor shall provide to the manufacturer any endorsements

necessary to transfer legal possession to the manufacturer.

D. No person shall enforce the lease against the consumer after

the consumer receives a refund due under subsection B of Section 4

of this act.

E. No assistive device returned by a consumer or assistive

device lessor in this state, or by a consumer or assistive device

lessor in another state under a similar law of that state, may be

sold or leased again in this state unless full disclosure of the

reasons for return is made to any prospective buyer or lessee.

Added by Laws 1996, c. 31, § 5, eff. Nov. 1, 1996.