4-105-206. Refund or replacement.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-105-206. Refund or replacement.

4-105-206. Refund or replacement. (a)(1) To receive a comparable new assistive device or a refund due under the provisions of this subchapter, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. (2) No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the consumer with an assistive device or a refund. (b) After the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer or its dealer, along with any endorsements necessary to transfer ownership to the manufacturer. (c)(1)(A) To receive a refund due under the provisions of this subchapter, a person who leases an assistive device from an assistive device lessor under a written lease shall offer to return the assistive device having the nonconformity to its manufacturer. (B) No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the consumer. (2) After the manufacturer provides the refund, the consumer shall return to the manufacturer the nonconforming assistive device. (d)(1) To receive a refund due under the provisions of this subchapter, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer. (2) No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the assistive device lessor. (e) A consumer who prevails in any legal proceeding under this subchapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based upon actu

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-105-206

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.