                                 CODE OF VIRGINIA

DEFINITIONS (§ 59.1-470)

As used in this chapter:		&#8220;Assistive device dealer&#8221; means a person
or company that is in the business of selling assistive devices, including a
manufacturer who sells assistive technology devices directly to
consumers.		&#8220;Assistive device lessor&#8221; means a person or company that
leases an assistive device to a consumer, or who holds the lessor&#8217;s
rights, under a written lease.		&#8220;Assistive technology device,&#8221;
&#8220;assistive device,&#8221; or &#8220;device&#8221; means any new device,
including a demonstrator, that a consumer purchases or accepts transfer of in
this Commonwealth which is used for a major life activity or any other assistive
device that enables a person with a disability to communicate, see, hear, or
maneuver. These devices include (i) manual wheelchairs, motorized wheelchairs,
motorized scooters, and other aids that enhance the mobility of an individual;
(ii) hearing aids, telephone communication devices for the deaf (TTD/TTY),
assistive listening devices, visual and audible signal systems, and other aides
that enhance an individual&#8217;s ability to hear; and (iii) voice-synthesized
computer modules, optical scanners, talking software, Braille printers, and
other devices that enhance a sight-impaired individual&#8217;s ability to
communicate.		&#8220;Authorized dealer&#8221; means any seller of an assistive
device that (i) has, within a specified geographic area, an exclusive
distribution arrangement with any person or entity that manufacturers or
assembles such device or (ii) is designated by the person or company that
manufactures or assembles such device to repair or accept for repair such
device.		&#8220;Collateral costs&#8221; means expenses incurred by a consumer in
connection with the repair of a nonconformity, including the reasonable costs of
obtaining an alternative assistive device.		&#8220;Consumer&#8221; means:

1. A person with a disability as defined in the Americans With Disabilities Act,
42 U.S.C. &#xA7; 12102 (2), or his legal representative, (i) who has purchased
an assistive device from an assistive device dealer or manufacturer for purposes
other than resale; (ii) to whom the assistive device is transferred for purposes
other than resale, if the transfer occurs before the expiration of any warranty
established by this chapter; or (iii) who leases a new assistive device from an
assistive device lessor under a written lease;

2. An entity which purchases or leases an assistive device using state or
federal funds for the use of a person with a disability; or

3. An insurer or self-insurer which purchases or leases an assistive device for
the use of a person with a disability.
			&#8220;Demonstrator&#8221; means an assistive device used primarily for the
purpose of demonstration to the public.			&#8220;Manufacturer&#8221; means a
person or company that manufactures or assembles assistive devices and agents of
that person or company, including an authorized dealer, an importer, a
distributor, factory branch, distributor branch and any warrantors of the
manufacturer&#8217;s assistive device, but does not include a professional who
fabricates, without charge, a device for use in the course of
treatment.			&#8220;Nonconformity&#8221; means a condition or defect that
significantly impairs the use, value, function or safety of an assistive device
or any of its components, but does not include a condition or defect of the
device that is the result of (i) abuse, misuse or neglect by a consumer, (ii)
modifications or alterations not authorized by the manufacturer, (iii) normal
wear, (iv) normal use which may be resolved through a fitting adjustment,
routine maintenance, preventative maintenance or proper care, or (v) a
consumer&#8217;s failure to follow any manufacturer&#8217;s written service and
maintenance guidelines furnished to the customer at the time of
purchase.			&#8220;Reasonable attempt to repair&#8221; means that within one
year after the date of first delivery of the assistive device:

1. The same nonconformity has been subject to repair three or more times by the
manufacturer, assistive device lessor or any assistive device dealer authorized
by the manufacturer to repair such device, and the nonconformity continues to
exist and interfere with the device&#8217;s operation; or

2. The assistive device is out of service, with no fungible loaner available,
for a cumulative total of at least thirty days, exclusive of any necessary time
in shipment, due to repair by the manufacturer, assistive device lessor or any
assistive device dealer authorized by the manufacturer to repair such device,
all of which is due to warranty nonconformities. The provisions of this
subdivision shall not be applicable if the repairs could not be performed
because of conditions beyond the control of the manufacturer, its agents or
authorized dealers, including war, invasion, strike, fire, flood or other
natural disasters.

HISTORY: 1998, cc. 67, 242.