50-698. Duties of consumer to receive comparable new assistive device or refund; duties of manufacturer and assistive device lessor. - Kansas Statutes

50-698

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 6.--CONSUMER PROTECTION

      50-698.   Duties of consumer to receive comparable newassistive device orrefund; duties of manufacturer and assistive device lessor.(a) To receive a comparable new assistive device or a refund due undersubsection (d) of K.S.A. 50-697 and amendments thereto, a consumer shall offerto the manufacturer of the assistive device having the nonconformity totransfer possession of that assistive device to that manufacturer. No laterthan 30 days after that offer, the manufacturer shall provide the consumer withthe comparable assistive device or refund. When the manufacturer provides thenew assistive device or refund, the consumer shall return the assistive devicehaving the nonconformity to the manufacturer, along with any endorsementsnecessary to transfer real possession to the manufacturer.

      (b)   To receive a refund due under paragraph (3) of subsection (d) of K.S.A.50-697 and amendments thereto, a consumer described under paragraph (4) ofsubsection (e) of K.S.A. 50-696 and amendments thereto shall offer to returnthe assistive device having the nonconformity to its manufacturer. No laterthan 30 days after that offer, the manufacturer shall provide the refund to theconsumer. When the manufacturer provides the refund, the consumer shall returnto the manufacturer the assistive device having the nonconformity.

      (c)   To receive a refund due under paragraph (3) of subsection (d) of K.S.A.50-697 and amendments thereto, an assistive device lessor shall offer totransfer possession of the assistive device having the nonconformity to itsmanufacturer. No later than 30 days after that offer, the manufacturer shallprovide the refund to the assistive device lessor. When the manufacturerprovides the refund, the assistive device lessor shall provide to themanufacturer any endorsements necessary to transfer legal possession to themanufacturer.

      History:   L. 1996, ch. 18, § 3; July 1.