407.961. Consumer to receive comparable device or refund, procedure--lease unenforceable against consumer after refund.

MISSOURI STATUTES AND CODES

407.961. Consumer to receive comparable device or refund, procedure--lease unenforceable against consumer after refund.

Consumer to receive comparable device or refund, procedure--leaseunenforceable against consumer after refund.

407.961. 1. To receive a comparable new assistive device or a refunddue under subsection 2 of section 407.957, a consumer described undersubdivision (5) of section 407.950 shall offer to the manufacturer of theassistive device having the nonconformity to transfer possession of thatassistive device to that manufacturer. No later than thirty days afterthat offer, the manufacturer shall provide the consumer with the comparableassistive device or refund. When the manufacturer provides the newassistive 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.

2. To receive a refund due under subdivision (3) of subsection 2 ofsection 407.957, a consumer described under paragraph (d) of subdivision(5) of section 407.950 shall offer to return the assistive device havingthe nonconformity to its manufacturer. No later than thirty days afterthat offer, the manufacturer shall provide the refund to the consumer.When the manufacturer provides the refund, the consumer shall return to themanufacturer the assistive device having the nonconformity.

3. To receive a refund due under subdivision (3) of subsection 2 ofsection 407.957, an assistive device lessor shall offer to transferpossession of the assistive device having the nonconformity to itsmanufacturer. No later than thirty days after that offer, the manufacturershall provide the refund to the assistive device lessor. When themanufacturer provides the refund, the assistive device lessor shall provideto the manufacturer any endorsements necessary to transfer legal possessionto the manufacturer.

4. No person shall enforce the lease against the consumer after theconsumer receives a refund due under subdivision (3) of subsection 2 ofsection 407.957.