§ 3284 -   Terms of sale; 45-day trial period

§ 3284. Terms of sale; 45-day trial period

(a) All sales contracts for hearing aids sold to persons in this state shall contain a clause which requires the hearing aid dispenser to refund the full product price of the hearing aid, except for the cost of earmolds and service, up to 45 days from the date of delivery of any new or substantially refabricated aid if, in the opinion of the consumer, the aid is not satisfactory. If the returned hearing aid is damaged while in the possession of the consumer, the amount refunded shall be reduced by the reasonable amount of the damage. The hearing aid may not be sold thereafter as new. For purposes of this subsection, "cost of service" means the actual cost of the service provided to fit the hearing aid but shall not exceed five percent of the sale price or $50.00, whichever is greater.

(b) The complete terms of the sale, including the terms of the 45-day trial period, the individual prices for goods and services sold and such other information as the director may require shall be disclosed in writing to the consumer before the sale is completed.

(c) If a hearing aid is in the possession of the hearing aid dispenser, manufacturer, repairperson or their agents during the trial period, the period of time the aid is in such possession shall not be included in the calculation of the 45-day trial period. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d).)