Nonconformities

Act 117 of 1994, § 4, under MOTORIZED WHEELCHAIR WARRANTY ACT.

Act 117 of 1994, § 4

Section 4. Nonconformities.

(a) General rule.--If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair dealers and makes the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired.

(b) Duties of manufacturer.--If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirements of one of the following:

(1) At the direction of a "consumer" as defined in

section 2(1), (2) or (3), do one of the following:

(i) Accept return of the motorized wheelchair and

replace the motorized wheelchair with a comparable new

motorized wheelchair and refund any collateral costs.

(ii) Accept return of the motorized wheelchair and

refund to the consumer and to any holder of a perfected

security interest in the consumer's motorized wheelchair,

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. Under this subparagraph, a reasonable

allowance for use may not exceed the amount obtained by

multiplying the full purchase price of the motorized

wheelchair by a fraction, the denominator of which is

1,825 and the numerator of which is the number of days

that the motorized wheelchair was driven before the

consumer first reported the nonconformity to the

motorized wheelchair dealer.

(2) With respect to a "consumer" as defined in section

2(4), accept return of the motorized wheelchair, refund to

the motorized wheelchair lessor and to any holder of a

perfected security interest in the motorized wheelchair, 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.

(c) Lease provisions.--

(1) 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 motorized wheelchair dealer's early

termination costs and the value of the motorized wheelchair

at the lease expiration date, less the motorized wheelchair

lessor's early termination savings.

(2) 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

the number of days that the consumer drove the motorized

wheelchair before first reporting the nonconformity to the

manufacturer, motorized wheelchair lessor or motorized

wheelchair dealer.

(d) Remedies.--

(1) To receive a comparable new motorized wheelchair or

a refund due under subsection (b)(1), a consumer shall offer

to the manufacturer of the motorized wheelchair having the

nonconformity to transfer possession of that motorized

wheelchair to that manufacturer. No later than 30 days after

that offer, the manufacturer shall provide the consumer with

the comparable new motorized wheelchair or refund. When the

manufacturer provides the new motorized wheelchair or refund,

the consumer shall return the motorized wheelchair having the

nonconformity to the manufacturer, along with any

endorsements necessary to transfer real possession to the

manufacturer.

(2) To receive a refund due under subsection (b)(2), a

consumer shall offer to return the motorized wheelchair

having the nonconformity to its manufacturer. No later than

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

motorized wheelchair having the nonconformity.

(3) To receive a refund due under subsection (b)(2), a

motorized wheelchair lessor shall offer to transfer

possession of the motorized wheelchair having the

nonconformity to its manufacturer. No later than 30 days

after that offer, the manufacturer shall provide the refund

to the motorized wheelchair lessor. When the manufacturer

provides the refund, the motorized wheelchair lessor shall

provide to the manufacturer any endorsements necessary to

transfer legal possession to the manufacturer.

(4) No person may enforce the lease against the consumer

after the consumer receives a refund due under subsection

(b)(2).

(e) Returned motorized wheelchair provision.--No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this Commonwealth under subsection (b) or by a consumer or motorized wheelchair lessor in another state under a similar law of that state may be sold or leased again in this Commonwealth unless full disclosure of the reasons for return is made to any prospective buyer or lessee.