The Florida Senate

427.803  Duty of manufacturer and an assistive technology device dealer to conform an assistive technology device to the warranty.--

(1)  A manufacturer who sells a new assistive technology device to a consumer, either directly or through an assistive technology device dealer, shall furnish the consumer with an express warranty for the assistive technology device. The duration of the express warranty must be at least 1 year after first delivery of the assistive technology device to the consumer. In the absence of an express warranty from the manufacturer, the manufacturer is considered to have expressly warranted to the consumer of an assistive technology device that, for a period of 1 year after the date of first delivery to the consumer, the assistive technology device will be free from any condition or defect that substantially impairs the value of the assistive technology device to the consumer.

(2)  If an assistive technology device does not conform to the warranty and the consumer first reports the problem to the manufacturer during the Assistive Technology Device Warranty Act rights period, the manufacturer shall make such repairs as are necessary to conform the device to the warranty, irrespective of whether such repairs are made after the expiration of the Assistive Technology Device Warranty Act rights period. Such repairs shall be at no cost to the consumer if reported to the manufacturer or assistive technology device dealer during the Assistive Technology Device Warranty Act rights period. Nothing in this subsection shall be construed to grant an extension of the Assistive Technology Device Warranty Act rights period or to expand the time within which a consumer must file a complaint under this chapter.

(3)  Each manufacturer or assistive technology device dealer shall provide to its consumers conspicuous notice of the address and phone number for its zone, district, or regional office for this state in the written warranty or owner's manual. Within 10 days after the department's written request, a manufacturer shall forward to the department a copy of the owner's manual and any written warranty for each make and model of assistive technology device that it sells in this state.

(4)  The manufacturer shall provide to the assistive technology device dealer and, at the time of acquisition, the assistive technology device dealer shall provide to the consumer a written statement that explains the consumer's rights under this chapter. The written statement shall be prepared by the department and shall contain a toll-free number for the department that the consumer can contact to obtain information regarding the consumer's rights and obligations under this chapter or to commence arbitration. The consumer's signed acknowledgment of receipt of materials required under this subsection shall constitute prima facie evidence of compliance by the manufacturer and assistive technology device dealer. The form of the acknowledgments shall be approved by the department, and the assistive technology device dealer shall maintain the consumer's signed acknowledgment for 3 years.

(5)  A manufacturer or an assistive technology device dealer shall provide to the consumer, each time the consumer's assistive technology device is returned after being examined or repaired under the warranty, a fully itemized, legible statement of any diagnosis made and all work performed on the assistive technology device, including, but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date on which the assistive technology device was submitted for examination or repair, and the date when the repair or examination was completed.

History.--s. 1, ch. 97-47; s. 18, ch. 99-307.