407.957. Nonconformity not repaired within reasonable time, options of consumer. - Missouri Statutes

Nonconformity not repaired within reasonable time, options ofconsumer.

407.957. 1. If, after a reasonable attempt to repair, thenonconformity is not repaired, the manufacturer shall carry out therequirement set forth under subsection 2 of this section.

2. If, after a reasonable attempt to repair, the nonconformity is notrepaired, then at the direction of a consumer described under paragraph(a), (b), or (c) of subdivision (5) of section 407.950, the manufacturershall do one of the following:

(1) Accept return of the assistive device and replace the assistivedevice with a comparable new assistive device and refund any collateralcosts;

(2) Accept return of the assistive device and refund to the consumerand to any holder of a perfected security interest in the consumer'sassistive device, as their interest may appear, the full purchase priceplus any finance charge amount paid by the consumer at the point of saleand collateral costs, less a reasonable allowance for use. A reasonableallowance for use may not exceed the amount obtained by multiplying thefull purchase price of the assistive device by a fraction, the denominatorof which is one thousand eight hundred twenty-five and the numerator ofwhich is the number of days that the assistive device was used before theconsumer first reported the nonconformity to the assistive device dealer;

(3) With respect to a consumer described under paragraph (d) ofsubdivision (5) of section 407.950, accept return of the assistive device,refund to the assistive device lessor and to any holder of a perfectedsecurity interest in the assistive device, as their interest may appear,the current value of the written lease and refund to the consumer theamount that the consumer paid under the written lease plus any collateralcosts, less a reasonable allowance for use.

(L. 1995 H.B. 333 § 1 subsecs. 4, 5)