LIBRARY
The Assistive Technology Lemon Law
Effective August 21, 1998, assistive technology manufacturers must give consumers with disabilities in the state of Arizona a one-year express warranty for all newly purchased assistive devices (except hearing aids). Consumers with disabilities now have the right to request repair, replacement, or refund of their assistive device when persistent problems impair the use, value, or safety of their device. Any assistive device, which is leased or sold in the state of Arizona, is entitled to the one-year warranty whether or not the manufacturer provides a written warranty to the consumer.
Assistive devices covered under the warranty include: wheelchairs (manual or electric); motorized scooters; any equipment or computer software which allows the sight-impaired person to communicate, such as voice activated computers, optical scanners, talking software, or a Braille printer; or any equipment which allows the disabled person to communicate, see, hear, speak, move about or control their surroundings. Demonstrators are also included under the warranty.
According to the law, if the manufacturer does not repair the consumer’s device after two attempts for the same problem, or if the device is out of service for at least thirty days for repair, the consumer may request one of the following options:
- The manufacturer shall accept return of the device and replace it with a comparable device or;
- The manufacturer shall accept return of the device and refund the full purchase price plus any finance charge.
For example, if a consumer had an electric wheelchair which was repaired twice for the same problem during their one-year warranty, and continued to experience the same problem following the repairs, the consumer could return the device to the dealer/manufacturer and request either a refund or a new wheelchair.
Passage of the Assistive Technology Lemon Law demonstrates the strength of the disability community when it works cooperatively
