§ 6-45-6 - Nonconformity disclosure requirement. - Rhode Island Statutes

SECTION 6-45-6

   § 6-45-6  Nonconformity disclosurerequirement. – (a) No assistive technology device returned by a consumer in this state or anyother state by reason of problems with its performance, fitness, quality, orfunctioning may be sold or leased again in this state unless full writtendisclosure is made to any prospective buyer or lessor of any return, includingthe date, reasons for the return, and the history of attempts to repair.

   (b) If a sale or lease is made of an assistive technologydevice in violation of subsection (a) of this section, a consumer who bought ortook the lease of the device shall have the rights of a consumer of a newassistive technology device provided by § 6-45-5(a), without regard towhether there is a nonconformity or to whether there has been a reasonablenumber of attempts to repair, except that if the consumer chooses the refundoption described in § 6-45-5(a)(1), there shall be no deduction from thefull purchase price in calculating the refund under that paragraph. The rightsdescribed in this paragraph run against the person who last sold or transferredthe device to any other person, whether or not a consumer, with knowledge ofthe previous return of the device, without providing the disclosure required bythe preceding paragraph. These rights may be declared and exercised by theconsumer at any time within two (2) years after he or she knows of the previousreturn and the person against whom the rights run.