2007 Minnesota Statutes

325G.203 DEFINITIONS.
    Subdivision 1. Terms. For purposes of sections 325G.203 to 325G.208, the terms in this
section have the meanings given them.
    Subd. 2. Assistive device. "Assistive device" is an item, piece of equipment, or product
system that is designed and used to increase, maintain, or improve functional capabilities of
individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing,
performing manual tasks, learning, caring for oneself, or working. The term includes, but is not
limited to: manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that
enhance the mobility of an individual; hearing aids, assistive listening devices, and other aids that
enhance an individual's ability to hear or communicate; voice-synthesized computer modules,
optical scanners, talking software, Braille printers, large print materials, and other devices that
enhance an individual's ability to access print or communicate; and other assistive devices such
as environmental controls, adaptive transportation aids, communication boards, and modified
environments. "Assistive device" does not include a transcutaneous electrical nerve stimulator,
neuromuscular electrical stimulator, or dynamic range of motion splint, if the stimulator or splint
is already covered by a warranty.
    Subd. 3. Assistive device dealer. "Assistive device dealer" means a person who is in the
business of selling new assistive devices.
    Subd. 4. Assistive device lessor. "Assistive device lessor" means a person who leases new
assistive devices to consumers, or who holds the lessor's rights, under a written lease.
    Subd. 5. Collateral costs. "Collateral costs" means expenses incurred by a consumer in
connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an
alternative assistive device.
    Subd. 6. Consumer or agency. "Consumer" or "agency" means any of the following:
(1) the purchaser of an assistive device, if the assistive device was purchased from an
assistive device dealer or manufacturer for purposes other than resale;
(2) a person to whom the assistive device is transferred for purposes other than resale, if the
transfer occurs before the expiration of an express warranty applicable to the assistive device;
(3) a person who may enforce the warranty; or
(4) a person who leases an assistive device from an assistive device lessor under a written
lease.
    Subd. 7. Demonstrator. "Demonstrator" means an assistive device used primarily for the
purpose of demonstration to the public.
    Subd. 8. Early termination cost. "Early termination cost" means an expense or obligation
that an assistive device lessor incurs as a result of both the termination of a written lease before
the termination date set forth in that lease and the return of an assistive device to the manufacturer.
The term includes a penalty for prepayment under a finance arrangement.
    Subd. 9. Early termination savings. "Early termination savings" means an expense or
obligation that an assistive device lessor avoids as a result of both the termination of a written
lease before the termination date set forth in that lease and the return of an assistive device
to a manufacturer. The term includes an interest charge that the assistive device lessor would
have paid to finance the assistive device or, if the assistive device lessor does not finance the
assistive device, the difference between the total period of the lease term remaining after the early
termination and the present value of that amount at the date of the early termination.
    Subd. 10. Manufacturer. "Manufacturer" means a person who manufactures or assembles
assistive devices and agents of that person, including an importer, a distributor, a factory branch,
distributor branch, and a warrantor of the manufacturer's assistive device. The term does not
include an assistive device dealer or lessor.
    Subd. 11. Nonconformity. "Nonconformity" means a specific condition or generic defect
or malfunction, or a defect or condition that substantially impairs the use, value, or safety of
an assistive device, but does not include a condition or defect that is the result of abuse or
unauthorized modification or alteration of the assistive device by the consumer.
For those assistive devices regulated under section 148.5197, "nonconformity" does not
include a condition of the device that is the result of normal use which could be resolved through
fitting adjustments, cleaning, or proper care.
    Subd. 12. Reasonable attempt to repair. "Reasonable attempt to repair" means any of the
following occurring within the term of an express warranty applicable to a new assistive device:
(1) the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive
device dealers accepts return of the new assistive device for repair at least two times; or
(2) the assistive device is out of service for an aggregate of at least 30 cumulative days
because of warranty nonconformities.
History: 1995 c 193 s 1; 1996 c 384 s 6; 1996 c 412 art 3 s 33; 2005 c 147 art 7 s 19