59.1-471 - Implied warranty; responsibility for repair, return, or replacement. - Virginia Statutes

§ 59.1-471. Implied warranty; responsibility for repair, return, orreplacement.

A. Notwithstanding any other provision of law, in addition to any expresswarranty furnished by the manufacturer of an assistive device, suchmanufacturer shall also be deemed to have warranted to any consumerpurchasing or leasing such device within this Commonwealth, that for a periodof one year from date of first delivery to the consumer (i) the device, whenused as intended, will be free from any nonconformity and (ii) anynonconformity will be repaired (parts and labor) by the manufacturer or itsagent, without charge to the consumer.

B. If, after reasonable attempt to repair, any nonconformity is not repaired,the manufacturer shall either:

1. Accept return of the nonconforming assistive technology device and refundto the consumer or consumers, to the extent of each consumer's participationin the initial purchase or lease of the device or collateral costs, withinfourteen days thereof, (i) the manufacturer's suggested retail price, ifavailable, (ii) the full purchase price of the device, excluding the cost ofservices associated with the device's initial purchase, together withreasonable collateral costs, or (iii) if the device was leased, all leasepayments made through the date of return together with a proportional shareof any required deposit; or

2. Accept return of the nonconforming assistive technology device and replacesuch nonconforming device with one of comparable market value, function andusefulness within thirty days of such request.

(1998, cc. 67, 242.)