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The Warranty Laws of Motorized Wheelchairs
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Purchasing any original products on any registered and recognized distributor is guaranteed to have warranty. It ensures that the quality of the product and your money is not sacrificed. Wheelchairs are expensive. The buyer must know the laws regarding its warranty so that problems may be solved easily if it ever occurs.
The warranty law for the motorized wheelchair as amended under 10/96 under section 670 of the general business law containing the discussion about the troubleshooting, replacement of the products and refunding the money.
1. You must understand all about the terminologies being discussed in the section.
a. The amount paid by the consumer for the repair of any defective parts of the wheelchair is called “collateral costs”. It may also include the excess costs if you exchange the products as well as if you purchase any devices assisting its mobility.
b. The term “consumer” may refer to:
1. The person who bought the motorized wheelchair from any manufacturer or dealer of motorized wheelchair for a purpose other than resale.
2. The person entrusted by the motorized wheelchair for a purpose other than resale and if the transfer of use happened, the express warranty of the motorized wheelchair expires.
3. It also pertains to the person giving the warranty
4. It is the person renting the motorized wheelchair from a recognized renting outlet of motorized wheelchair under a written lease.
c. Motorized wheelchair that are used for public demonstration is called “demonstrator”
d. “Early termination cost” refers to the expenses or obligation obtained by the renting outlets of the motorized wheelchairs resulting to the termination of the written lease occurring before the specified date of expiration. It could also mean returning the motorized wheelchair to its manufacturer stated in this section in paragraph 3 of paragraph b of subdivision three or the prepayment penalty under financial arrangement.
e. “Early termination savings” refers to the expenses or obligations that the renting outlet of motorized wheelchair avoids resulting to the termination of the written lease occurring before the specified date of expiration and returning the motorized wheelchair to its manufacturer stated in this section in paragraph 3 of paragraph b of subdivision 3. Interest charges of the motorized wheelchair are also included. It is the amount paid in financing the motorized wheelchair. However, the period of rentals as stated on the contract must be paid even early termination of the written lease.
f. Manufacturers refer to:
• It is the person or the company manufacturing or assembling the motorized wheelchair
• The agents of the manufacturers
• The importer of the manufacturer
• The distributors of the manufacturers
• It could either be the factory or the distributor branch
• It could be the warrantor of the manufacturer
It must be remembered that the dealers of the motorized wheelchair is never considered as a manufacturer.
g. Motorized wheelchair is defined as wheelchairs driven by motors or demonstrators bought and accepted by the consumers.
h. The persons who are in the selling business of motorized wheelchair are called “motorized wheelchair dealer”.
i. “Nonconformity” refers to the defective parts or conditions stated in the express warranty affecting the functions, value and safety precautions. It does include damage done because of abused usage, negligence and unauthorized alteration of the consumer.
j. “Reasonable attempt to repair” refers to the repairing of the nonconformities of the motorized wheelchair within the warranty period upon its purchase.
Express warranties should be provided to the consumers by the manufacturers or any motorized dealer upon the date of purchase.
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