§ 6-45-2 - Effect on implied warranties of Uniform Commercial Code. - Rhode Island Statutes

SECTION 6-45-2

   § 6-45-2  Effect on implied warranties ofUniform Commercial Code. – (a) For purposes of § 6A-2-314 or 6A-2.1-212 and § 6A-2-315 or6A-2.1-213, with respect to a sale or a lease of an assistive technologydevice, the term "seller" or "lessor" includes the manufacturer of the device.

   (b) For purposes of § 6A-2-315 or 6A-2.1-213, withrespect to a sale or lease of an assistive technology device, the seller orlessor shall be deemed to know that the particular purpose, for which thedevice is required, is to increase, maintain, or improve those functionalcapabilities that are appropriate to the kind of device involved, in light ofany knowledge that the seller or lessor may have acquired of the disabilitiesof the consumer.

   (c) For purposes of § 6A-2-315 or 6A-2.1-213, withrespect to a sale or lease of an assistive technology device, the seller orlessor shall be deemed to know that the consumer is relying on the seller's orlessor's skill or judgment to select or furnish a suitable device in light ofthe knowledge that the seller or lessor has, or is deemed to have by reason ofsubsection (b) of this section, unless the consumer specifies a particulardevice and signs and is furnished a copy of a writing that:

   (1) Particularly describes the device that the consumer isspecifying;

   (2) States that this person is specifying that devicedescribed; and

   (3) Contains the following notice, conspicuously in type thatis at least four points larger than the surrounding text: "There is no warranty(guarantee) that this product will be fit for your particular needs. There isonly a warranty (guarantee) that the product will be fit for the purposes thatit ordinarily meets. This is because you have specified the product you want tobuy instead of relying on the seller's/lessor's knowledge to help choose onebased upon your particular needs."

   (d) With respect to a sale or lease of an assistivetechnology device, the implied warranty of merchantability described in §6A-2-314 or 6A-2.1-212, and the implied warranty of fitness for a particularpurpose described in § 6A-2-315 or 6A-2.1-213, shall not be excluded ormodified, pursuant to § 6A-2-316 or 6A-2.1-214 or otherwise.