Sec. 42-330. Definitions. - Connecticut Statutes

      Sec. 42-330. Definitions. As used in sections 42-330 to 42-336, inclusive, unless the context otherwise requires:

      (1) "Assistive technology device" means any device sold, leased or transferred in this state or to a consumer in this state on or after January 1, 1998, that is used or designed to be used to enable or enhance the ability of a person with a disability to communicate, see, hear or achieve mobility, including, but not limited to, (A) manual or motor-driven wheelchairs and other assistive devices that enhance a mobility impaired person's ability to achieve mobility, including seating and positioning aids, (B) telephone communication devices for the hearing impaired and other assistive listening devices that enhance a hearing impaired person's ability to hear or communicate, but not including hearing aids, (C) voice synthesized computer modules, optical scanners, talking software, braille printers and other assistive devices that enhance a sight impaired person's ability to see or communicate, (D) computer equipment with voice output, artificial larynges, voice amplification devices and other alternative and augmentative communication devices, (E) any system of such devices that, as a whole, is itself such a device, (F) any component product of such devices that is itself ordinarily such a device, and (G) any such device used primarily by a dealer, lessor or manufacturer for the purpose of demonstration to the public or to prospective purchasers or lessees. "Assistive technology device" does not include batteries used in or nonessential accessories to any such devices.

      (2) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity in an assistive technology device, including, but not limited to, the cost of an alternative assistive technology device.

      (3) "Consumer" means any person (A) who purchases an assistive technology device from a dealer or manufacturer for purposes other than for resale, (B) to whom an assistive technology device is transferred if such transfer occurs before the expiration of an express warranty applicable to such assistive technology device, (C) who may enforce an express warranty applicable to an assistive technology device, or (D) who leases an assistive technology device from a lessor under a written lease.

      (4) "Dealer" means any person engaged in the business of selling assistive technology devices to consumers.

      (5) "Early termination cost" means an expense or obligation that a lessor incurs as a result of both the termination of a written lease for an assistive technology device before the expiration of the lease term and the return of an assistive technology device to a manufacturer under subsection (b) of section 42-331, including any penalty for prepayment required under any financing arrangement.

      (6) "Early termination savings" means an expense or obligation that a lessor avoids as a result of both the termination of a written lease for an assistive technology device before the expiration of the lease term and the return of an assistive technology device to a manufacturer under subsection (b) of section 42-331, including any interest charge that the lessor would have paid to finance the assistive technology device or, if not so financed by the lessor, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of the consumer's remaining obligation under the lease as of the date of the early termination.

      (7) "Express warranty" means an express warranty under section 42a-2-313 that is applicable to an assistive technology device.

      (8) "Lessor" means any person who leases an assistive technology device to consumers or who possesses a lessor's rights under a written lease for an assistive technology device.

      (9) "Manufacturer" means any person who manufactures or assembles assistive technology devices, and any agent of such person, including importers, distributors, factory branches, distributor branches and warrantors of such person's assistive technology devices, but does not include a dealer, a lessor or any person whose activity consists solely of referring consumers to a dealer, a lessor or any person described in this subdivision.

      (10) "Nonconformity" means a condition, malfunction or defect that substantially impairs the use, value or safety of an assistive technology device or that is covered by an express warranty applicable to an assistive technology device, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the assistive technology device.

      (11) "Person with a disability" has the same meaning as set forth in section 46a-8.

      (P.A. 97-100, S. 1.)