Current through the 2023 Legislative Sessions
Section 51-24-03 - Warranty claims1. A consumer may present a warranty claim for an assistive technology device by: a. Reporting the warranty problem to the manufacturer, the commercial lessor, or the commercial seller within the life of the express warranty; andb. Making the assistive technology device reasonably available to the manufacturer, the commercial lessor, or the commercial seller for repair.2. If the terms of a warranty are invoked and a warranty claim is made, the assistive technology device must be repaired at no charge to the consumer, including parts, labor, shipping, delivery, and all other costs, regardless of whether the repairs are made after the expiration of the warranty period.3. The commercial seller or the commercial lessor shall provide the consumer with a loaner and with reimbursement for transaction costs to the consumer from the repair: a. If the repair period is expected to be at least ten days; orb. If the repair period is not expected to be ten days but actually is ten days or more.4. The costs of any warranty repair, loaner, or transaction costs due the consumer from the repair are to be borne in the first instance by the commercial seller or commercial lessor. The commercial seller and the commercial lessor may have rights to reimbursement or compensation from the manufacturer or other prior parties in the sales or distribution chain. Those rights of the commercial seller or commercial lessor are not affected by this chapter.