Title 37 — TRADE REGULATION
48 chapters · 598 sections in this title.
SDCL § 37-31-1 Definition of terms
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Terms used in this chapter mean: (1) "Assistive device," any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity, including manual wheelchairs, motorized wheelchairs, motorized scooters, and othe…
SDCL § 37-31-2 Manufacturer's warranty--Duration
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A manufacturer who sells or leases an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty may not be less than one year after firs…
SDCL § 37-31-3 Repair of nonconforming devices--Reimbursement by manufacturer--Failure to repair
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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 …
SDCL § 37-31-4 Return of nonconforming device for replacement or refund
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To receive an assistive device of comparable quality, size, and function or a refund, the consumer shall offer to transfer possession of the nonconforming assistive device to the manufacturer. Not more than thirty days after such an offer the manufacturer shall provide the consum…
SDCL § 37-31-5 Refund for leased nonconforming assistive device--Transfer of possession of device
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To receive a refund due under a leased assistive device, a consumer shall offer to return the nonconforming assistive device to the lessor. Not more than thirty days after such an offer, the lessor of the assistive device shall provide the refund to the consumer. When the lessor …
SDCL § 37-31-6 No enforcement of lease following refund to consumer
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No person may enforce a lease against a consumer after the consumer receives a refund due under §
SDCL § 37-31-7 Other rights and remedies of consumer--Action for damages--Award
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This chapter does not limit rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights under this chapter is void. In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of …
SDCL § 37-31-8 Restrictions on resale or lease of returned devices
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No nonconforming 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 r…
SDCL § 37-31-9 Liability of dealer or lessor
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Nothing in this chapter may be interpreted to make the assistive device dealer or lessor responsible for the obligations of the manufacturer. Source: SL 1996, ch 242 , § 10.