2006 Minnesota Statutes

325G.205 ASSISTIVE DEVICE REPLACEMENT OR REFUND.
    Subdivision 1. Requirement. If, after a reasonable attempt to repair, the nonconformity is
not repaired, the manufacturer shall carry out, at the option of the consumer, the requirements
under paragraph (a) or (b), whichever is appropriate.
(a) To provide for refunds, at the request of the consumer, the manufacturer shall do one of
the following:
(1) accept return of the assistive device and refund to the consumer and to a holder of a
perfected security interest in the consumer's assistive device, as their interest may appear, the
full purchase price plus any finance charge, amount paid by the consumer at the point of sale and
collateral costs, less a reasonable allowance for use; or
(2) accept return of the assistive device, refund to the assistive device lessor and to a holder
of a perfected security interest in the assistive device, as their interest may appear, the current
value of the written lease and refund to the consumer the amount that the consumer paid under the
written lease plus collateral costs, less a reasonable allowance for use.
(b) To receive a comparable new assistive device, a consumer shall offer to the manufacturer
of the assistive device having the nonconformity to transfer possession of that assistive device
to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the
consumer with the comparable new assistive device or a refund. When the manufacturer provides
the new assistive device or refund, the consumer shall return the assistive device having the
nonconformity to the manufacturer, along with any endorsements necessary to transfer real
possession to the manufacturer.
    Subd. 2. Refund. If, after a reasonable attempt to repair, the nonconformity is not repaired,
an assistive device lessor shall receive a refund from the manufacturer. To receive a refund, the
assistive device lessor shall offer to transfer possession of a nonconforming assistive device to its
manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund
to the assistive device lessor. When the manufacturer provides the refund, the assistive device
lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession
to the manufacturer.
    Subd. 3. Current value of lease. Under this section, the current value of the written lease
equals the total amount for which that lease obligates the consumer during the period of the lease
remaining after its early termination, plus the assistive device dealer's early termination costs and
the value of the assistive device at the lease expiration date if the lease sets forth that value, less
the assistive device lessor's early termination savings.
    Subd. 4. Reasonable allowance. Under this section, a reasonable allowance for use may not
exceed the amount obtained by multiplying the total amount the consumer paid or for which the
written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the
numerator of which is the number of days that the consumer used the assistive device before first
reporting the nonconformity to the manufacturer, assistive device lessor, or assistive device dealer.
    Subd. 5. Limit on enforcement of lease. No person may enforce the lease against the
consumer after the consumer receives a refund.
History: 1995 c 193 s 3