UTAH LEMON LAW
The Utah Assistive Technology Lemon Law provides a one-year warranty on new Assistive technology devices with a retail price of $1,000 or more. Devices may be either purchased or leased. The warranty states that new devices shall be free from any defect or malfunction that substantially impairs the use, value, or safety of the Assistive technology. In other words, new equipment must work without major problems.
A new Assistive device can be considered a "lemon" when reasonable attempts to repair the device during the one-year warranty period have been unsuccessful and meet one or both of the following requirements:
- There have been three attempts by the manufacturer to repair the same defect and the problem continues, OR
- The device is out of service to the consumer for a cumulative total of thirty days because of problems
For example, if the screen display of an Assistive device was nonfunctional (did not display the text) and the consumer returned the device for repair three times within the warranty period and the screen display problem was not fixed, the consumer could request relief under the lemon law. Similarly, if the consumer returned the device for repair and was left without a functional device for over a month, the consumer could also request relief under the lemon law.
A device is not a lemon when the defect is the result of consumer abuse, neglect, or unauthorized modification or alteration by the consumer. In addition, consumer dissatisfaction issues (such as the device is the wrong color, has too many features, doesn't have enough features, or is just not living up to expectations) would not cause a device to be considered a lemon. The device must have a defect or condition that requires repair to make it function properly rather than just general consumer dissatisfaction.
The law provides for a warranty one year from the date of first delivery to the consumer. In the absence of a written warranty, the manufacturer is deemed to have given such a one-year warranty. If the problem is reported within one year of the date of original delivery, the manufacturer, its agent, or authorized dealer shall make necessary repairs, whether or not the repairs are made after one year from the date of original delivery. Repairs made under warranty shall be at no charge to the consumer, parts and labor included. A manufacturer may not ask a consumer to waive their rights. Any waiver of rights by a consumer under this law is void.
The law provides for the timely repair and/or replacement of defective Assistive technology devices. After a reasonable attempt to repair the Assistive technology device, if the manufacturer, its agent, or authorized dealer is unable to repair the device, the manufacturer shall, within 30 days of notice from and at the direction of the consumer:
- replace the Assistive technology with a comparable device AND refund any collateral costs; OR
- accept return of the Assistive technology and refund the full purchase price, collateral costs, and any finance charges paid at the point of sale, less a reasonable allowance for the use of the Assistive technology.
Assistive technology, which is replaced by a manufacturer, may not be sold or leased again in Utah unless full written disclosure of the reason for return is made to any prospective purchaser or lessee.
If you feel you have a defective Assistive device(s), you will need to fully document repeated repair attempts of the defective device, and/or days that the device was out of service for repair. It is important to keep careful records of all complaints, original copies of all work orders, repair bills, and correspondence.
You will need the following information:
- a copy of the bill of sale or lease
- description of the Assistive device (i.e., scooter)
- make and model of the device
- date when device was delivered to you
- manufacturer(s) name, and dealer or leasing agent information
- description of the existing problems with your equipment
- dates of repair attempts
- date when you first reported the problems to the dealer or manufacturer within the first year of warranty
Uatpat.org - The Utah Assistive Technology Program is designed to help you know what assistive technology is available, how to get funding for assistive technology, and to provide you with links and resources.