Arkansas Wheelchair Lemon Law

Chapter 105.
Lemon Laws.

Subchapter 1. General Provisions [Repealed.]
Subchapter 2. Assistive Devices.

4-105-201. Definitions.
4-105-202. Express warranties.
4-105-203. Warranty.
4-105-204. Repair.
4-105-205. Valuation.
4-105-206. Refund or replacement.

   4-105-201. Definitions.

For purposes of this subchapter:

(1)(A)  "Assistive device" means a:

(i)  Manual wheelchair;
 
(ii)  Motorized wheelchair;
 
(iii)  Motorized scooter designed to enhance the mobility of a disabled person; or

(iv)  Van lift.
 
(B)  "Assistive device" does not include a device having a value of less than seven hundred fifty dollars ($750);
 
(2)  "Assistive device dealer" means a person who is in the business of selling assistive devices;

(3)  "Assistive device lessor" means a person who leases an assistive device to a consumer or who holds the lessor's rights under a written lease;

(4)  "Assistive device warranty" means the warranty attached to assistive devices sold or leased by assistive device manufacturers or assistive device dealers;
 
(5)  "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device;

(6)  "Consumer" means:

(A)  The purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;

(B)  A person to whom the assistive device is transferred for purposes other than resale if the transfer occurs before the expiration of an express warranty applicable to the assistive device;

(C)  A person who may enforce the warranty; and

(D)  A person who leases an assistive device from an assistive device lessor under a written lease;

(7)  "Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public;

(8)(A)  "Early termination cost" means any expense or obligation that an assistive device 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 an assistive device to a manufacturer pursuant to the provisions of this subchapter.

(B)  "Early termination cost" includes a penalty for prepayment under a finance arrangement;

(9)(A)  "Early termination saving" means any expense or obligation that an assistive device 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 an assistive device to a manufacturer pursuant to the provisions of this subchapter.

(B)  "Early termination saving" includes an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, 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;

(10)  "Manufacturer" means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer;

(11)  "Nonconformity" means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, including, but not limited to, any piece or part or any premanufactured and assembled part by the manufacturer or employee that fails in use, but does not include:

(A)  A condition of the device that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer; or

(B)  A condition of the device that is the result of normal use which may be resolved through a fitting adjustment, preventative maintenance, or proper care; and

(12)  "Reasonable attempt to repair" means, within the terms of an express warranty applicable to a new assistive device:

(A)  Presenting the assistive device for repair of the same nonconformity on at least three (3) separate occasions to the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers; or

(B)  The assistive device is out of service with no assistive device available for loan for an aggregate of at least fourteen (14) calendar days because of warranty nonconformity.

History. Acts 1999, No. 953, § 1.

   4-105-202. Express warranties.

(a)  A manufacturer who in the State of Arkansas sells an assistive device to a consumer shall provide to the consumer an express warranty to continue no less than one (1) year after first delivery of the assistive device.

(b)  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 that for a period of no less than one (1) year after the date of first delivery to the consumer the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer.

History. Acts 1999, No. 953, § 2.

   4-105-203. Warranty.

If a new assistive device 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 thirty (30) days after return delivery of the assistive device to a consumer, the nonconformity shall be repaired at no charge to the consumer.

History. Acts 1999, No. 953, § 3.

   4-105-204. Repair.

(a)  A reasonable amount of time to fix a nonconformity shall be thirty (30) calendar days, with the exchange of a substitute of the consumer's assistive device at the option of the consumer.

(b)  If, after a reasonable attempt to repair, the nonconformity is not repaired, then at the direction of the consumer the manufacturer shall do one (1) 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)(A)  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 paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use.

(B)  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 one thousand four hundred sixty (1,460) 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; or

(3)  With respect to a consumer who leases an assistive device from an assistive device lessor under a written lease, 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.

History. Acts 1999, No. 953, § 4.

   4-105-205. Valuation.

(a)  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.

(b)  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 one thousand four hundred sixty (1,460) and the numerator of which is the 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.

History. Acts 1999, No. 953, § 5.

   4-105-206. Refund or replacement.

(a)(1)  To receive a comparable new assistive device or a refund due under the provisions of this subchapter, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer.

(2)  No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the consumer with an assistive device or a refund.

(b)  After the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer or its dealer, along with any endorsements necessary to transfer ownership to the manufacturer.

(c)(1)(A)  To receive a refund due under the provisions of this subchapter, a person who leases an assistive device from an assistive device lessor under a written lease shall offer to return the assistive device having the nonconformity to its manufacturer.

(B)  No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the consumer.

(2)  After the manufacturer provides the refund, the consumer shall return to the manufacturer the nonconforming assistive device.

(d)(1)  To receive a refund due under the provisions of this subchapter, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer.

(2)  No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the assistive device lessor.

(e)  A consumer who prevails in any legal proceeding under this subchapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based upon actual time expended by the attorney, determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action.

History. Acts 1999, No. 953, § 6.

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