§ 10-1-873 - Repair of nonconforming assistive technology devices; refund or replacement of devices; sale or lease of returned device
               	 		
O.C.G.A.    10-1-873   (2010)
    10-1-873.    Repair of nonconforming assistive technology devices; refund  or replacement of devices; sale or lease of returned device 
      (a)  If  a new assistive technology device does not conform to an applicable  express warranty and the consumer reports the nonconformity to the  manufacturer, the assistive technology device lessor, or any of the  manufacturer's authorized assistive technology device dealers and makes  the assistive technology device available for repair before one year  after first delivery of the assistive technology device to a consumer,  the nonconformity shall be repaired at the manufacturer's expense to  correct the nonconformity regardless of whether the repairs are made  after expiration of the warranty rights period.  If in any subsequent  proceeding it is determined that the consumer's repair did not qualify  under this article, and the manufacturer was not otherwise obligated to  repair the assistive technology device, the consumer shall be liable to  the manufacturer for costs of repair.
(b)  (1)  If, after a reasonable attempt to repair, the nonconformity is not  repaired, the manufacturer shall carry out the requirement under  paragraph (2) or (3) of this subsection, whichever is appropriate.
      (2)  At  the direction of a consumer as defined in subparagraph (A), (B), or (C)  of paragraph (5) of Code Section 10-1-871, the manufacturer shall do  one of the following:
            (A)  Accept  return of the assistive technology device and replace the assistive  technology device with a comparable new assistive technology device and  refund any collateral costs; or
            (B)  Accept  return of the assistive technology device and refund to the consumer  and to any holder of a perfected security interest in the consumer's  assistive technology device, 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  assistive technology device by a fraction, the denominator of which is  1,825 and the numerator of which is the number of days that the  assistive technology device was used before the consumer first reported  the nonconformity to the assistive technology device dealer.
      (3)  (A)  At the direction of a consumer as defined in subparagraph (D) of  paragraph (5) of Code Section 10-1-871, the manufacturer shall:
                  (i)  Accept return of the assistive technology device;
                  (ii)  Refund  to the assistive technology device lessor and to any holder of a  perfected security interest in the assistive technology device, as their  interest may appear, the current value of the written lease as defined  in subparagraph (B) of this paragraph; and
                  (iii)  Refund  to the consumer the amount that the consumer paid under the written  lease plus any collateral costs, less a reasonable allowance for use as  defined in subparagraph (C) of this paragraph.
            (B)  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 technology  device dealer's early termination costs and the value of the assistive  technology device at the lease expiration date if the lease sets forth  that value, less the assistive technology device lessor's early  termination savings.
            (C)  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 assistive technology  device before first reporting the nonconformity to the manufacturer,  assistive technology device lessor, or assistive technology device  dealer.
(c)  To receive a comparable new  assistive technology device or a refund due under paragraph (1) or (2)  of subsection (b) of this Code section, a consumer, as defined under  subparagraph (A), (B), or (C) of paragraph (5) of Code Section 10-1-871,  shall offer to transfer possession of the assistive technology device  having the nonconformity to the manufacturer of that assistive  technology device.  No later than 30 days after that offer, the  manufacturer shall provide the consumer with a comparable new assistive  technology device or a refund. When the manufacturer provides the new  assistive technology device or refund, the consumer shall return the  assistive technology device having the nonconformity to the  manufacturer, along with any endorsements necessary to transfer legal  possession to the manufacturer.
(d) (1)  To  receive a refund due under paragraph (3) of subsection (b) of this Code  section, a consumer as defined under subparagraph (D) of paragraph (5)  of Code Section 10-1-871, shall offer to return the assistive technology  device having the nonconformity to the manufacturer of that assistive  technology device.  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 the  assistive technology device having the nonconformity to the  manufacturer.
      (2)  To receive a refund  due under paragraph (3) of subsection (b) of this Code section, an  assistive technology device lessor shall offer to transfer possession of  the assistive technology device having the nonconformity to the  manufacturer of that assistive technology device.  No later than 30 days  after that offer, the manufacturer shall provide the refund to the  assistive technology device lessor.  When the manufacturer provides the  refund, the assistive technology device lessor shall provide any  endorsements necessary to transfer legal possession to the manufacturer.
      (3)  No  person may enforce the lease against the consumer after the consumer  receives a refund due under paragraph (3) of subsection (b) of this Code  section.
(e)  No assistive technology  device returned by a consumer or assistive technology device lessor in  this state under subsection (b) of this Code section or by a consumer or  assistive technology 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 return is made to any prospective buyer or  lessee.