Vermont § 2468 - Warranty

§ 2468. Warranty

• (a) A manufacturer who sells or leases an assistive device, only of the types listed in
  subdivisions 2467(1)(A) and (B) of this title, to a consumer, either directly or through
  an assistive device dealer, shall furnish the consumer with an express warranty for
  the assistive device. By the terms of or in the absence of an express warranty from
  the manufacturer, the manufacturer shall be deemed to have expressly warranted to
  the consumer of an assistive device, only as defined in subdivisions 2467(1)(A) and
  (B) of this title, that, for a period of at least one year from the date of first
  delivery to the consumer, the assistive device: (1) has no defects in parts or performance; and (2) is free from any condition and defect that would substantially impair the device’s
  use, value, or safety to the consumer. (b) The manufacturer, through the assistive device lessor or assistive device dealer,
  shall provide the consumer with a loaner if the assistive device, listed in subdivisions
  2467(1)(A) and (B) of this title, has any condition or defect that would substantially
  impair the device’s use, value, or safety to the consumer and that cannot be remedied
  within one business day. (c) If a new assistive device listed in subdivisions 2467(1)(A) and (B) of this title
  does not conform to an applicable express warranty and the consumer reports the nonconformity
  to the manufacturer, the assistive device lessor, or any of the manufacturer’s authorized
  assistive device dealers, and makes the assistive device available for repair before
  one year after return delivery of the assistive device to the consumer, the nonconformity
  shall be repaired at no charge to the consumer, including parts, labor, shipping,
  delivery, and all other costs. (d) If, after a reasonable attempt to repair, the nonconformity is not repaired, then
  at the direction of a consumer described in subdivisions 2467(5)(A), (B) or (C) of
  this title, the manufacturer shall do one of the following: (1) Accept return of the assistive device and replace the assistive device with a comparable
  new assistive device and refund any collateral costs. (2) Accept return of the assistive device and refund to the consumer and to any holder
  of a perfected security interest in the consumer’s assistive device, as their interest
  may appear, the full purchase price plus any finance charge amount paid by the consumer
  at the point of sale and collateral costs, less a reasonable allowance for use. A
  reasonable allowance for use may not exceed the amount obtained by multiplying the
  full purchase price of the assistive device by a fraction, the denominator of which
  is 1,825 and the numerator of which is the number of days that the assistive device
  was used before the consumer first reported the nonconformity to the assistive device
  dealer. (3) With respect to a consumer described in subdivision 2467(5)(D) of this title, accept return of the assistive device, refund to the assistive device lessor and
  to any holder of a perfected security interest in the assistive device, as their interest
  may appear, the current value of the written lease and refund to the consumer the
  amount that the consumer paid under the written lease, plus any collateral costs,
  less a reasonable allowance for use. (e) The current value of the written lease equals the total amount for which that lease
  obligates the consumer during the period of the lease remaining after its early termination,
  plus the assistive device dealer’s early termination costs and the value of the assistive
  device at the lease expiration date if the lease sets forth that value, less the assistive
  device lessor’s early termination savings. (f) A reasonable allowance for use may not exceed the amount obtained by multiplying the
  total amount for which the written lease obligates the consumer by a fraction, the
  denominator of which is 1,825 and the numerator of which is a number of days that
  the consumer used the assistive device before first reporting the nonconformity to
  the manufacturer, assistive device lessor or assistive device dealer. (g) None of the requirements of this subchapter shall be construed to diminish existing
  assistive device warranties. (Added 1999, No. 104 (Adj. Sess.), § 1; amended 2021, No. 20, § 18.)