TITLE 6
Commercial Law – General Regulatory Provisions

CHAPTER 6-45
Consumer Enforcement of Assistive Technology Device Warranties

SECTION 6-45-2


§ 6-45-2 Effect on implied warranties of Uniform Commercial Code.

(a) For purposes of §§ 6A-2-314 or 6A-2.1-212 and §§ 6A-2-315 or 6A-2.1-213, with respect to a sale or a lease of an assistive technology device, the term "seller" or "lessor" includes the manufacturer of the device.

(b) For purposes of §§ 6A-2-315 or 6A-2.1-213, with respect to a sale or lease of an assistive technology device, the seller or lessor shall be deemed to know that the particular purpose, for which the device is required, is to increase, maintain, or improve those functional capabilities that are appropriate to the kind of device involved in light of any knowledge that the seller or lessor may have acquired of the disabilities of the consumer.

(c) For purposes of §§ 6A-2-315 or 6A-2.1-213, with respect to a sale or lease of an assistive technology device, the seller or lessor shall be deemed to know that the consumer is relying on the seller's or lessor's skill or judgment to select or furnish a suitable device in light of the knowledge that the seller or lessor has, or is deemed to have by reason of subsection (b) of this section, unless the consumer specifies a particular device and signs and is furnished a copy of a writing that:

(1) Particularly describes the device that the consumer is specifying;

(2) States that this person is specifying that device described; and

(3) Contains the following notice, conspicuously in type that is at least four (4) points larger than the surrounding text: "There is no warranty (guarantee) that this product will be fit for your particular needs. There is only a warranty (guarantee) that the product will be fit for the purposes that it ordinarily meets. This is because you have specified the product you want to buy instead of relying on the seller's/lessor's knowledge to help choose one based upon your particular needs."

(d) With respect to a sale or lease of an assistive technology device, the implied warranty of merchantability described in §§ 6A-2-314 or 6A-2.1-212 and the implied warranty of fitness for a particular purpose described in §§ 6A-2-315 or 6A-2.1-213 shall not be excluded or modified, pursuant to §§ 6A-2-316 or 6A-2.1-214 or otherwise.

History of Section.
(P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32.)