Pennsylvania Act 1994-117 — MOTORIZED WHEELCHAIR WARRANTY ACT

Act text

MOTORIZED WHEELCHAIR WARRANTY ACT
                  Act of Dec. 7, 1994, P.L. 839, No. 117              Cl. 12
                                  AN ACT

     Providing for express warranties for motorized wheelchairs.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Motorized
     Wheelchair Warranty Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Collateral costs."  Expenses incurred by a consumer in
     connection with the repair of a nonconformity, including the
     costs of obtaining an alternative wheelchair or other assistive
     device for mobility.
        "Consumer."  Any of the following:
            (1)  The purchaser of a motorized wheelchair, if the
        motorized wheelchair was purchased from a motorized
        wheelchair dealer or manufacturer for purposes other than
        resale.
            (2)  A person to whom the motorized wheelchair is
        transferred for purposes other than resale, if the transfer
        occurs before the expiration of an express warranty
        applicable to the motorized wheelchair.
            (3)  A person who may enforce the warranty.
            (4)  A person who leases a motorized wheelchair from a
        motorized wheelchair lessor under a written lease.
        "Demonstrator."  A motorized wheelchair used primarily for
     the purpose of demonstration to the public.
        "Early termination cost."  Any expense or obligation that a
     motorized wheelchair lessor incurs as a result of both the
     termination of a written lease before the termination date set
     forth in that lease and the return of a motorized wheelchair to
     a manufacturer under section 4(b)(2). The term includes a
     penalty for prepayment under a finance arrangement.
        "Early termination savings."  Any expense or obligation that
     a motorized wheelchair lessor avoids as a result of both the
     termination of a written lease before the termination date set
     forth in that lease and the return of a motorized wheelchair to
     a manufacturer under section 4(b)(2). The term includes an
     interest charge that the motorized wheelchair lessor would have
     paid to finance the motorized wheelchair or, if the motorized
     wheelchair lessor does not finance the motorized wheelchair, the
     difference between the total amount for which the lease
     obligates the consumer during the period of the lease term
     remaining after the early termination and the present value of
     that amount at the date of the early termination.
        "Manufacturer."  A person who manufactures or assembles
     motorized wheelchairs and agents of that person, including an
     importer, a distributor, factory branch, distributor branch and
     any warrantors of the manufacturer's motorized wheelchairs, but
     does not include a motorized wheelchair dealer.
        "Motorized wheelchair."  Any motor-driven wheelchair or cart,
     including a demonstrator, that a consumer purchases or accepts
     transfer of in this Commonwealth.
        "Motorized wheelchair dealer."  A person who is in the
     business of selling motorized wheelchairs.
        "Motorized wheelchair lessor."  A person who leases a
     motorized wheelchair to a consumer, or who holds the lessor's
     rights, under a written lease.
        "Nonconformity."  A condition or defect that substantially
     impairs the use, value or safety of a motorized wheelchair and
     that is covered by an express warranty applicable to the
     motorized wheelchair or to a component of the motorized
     wheelchair, but does not include a condition or defect that is
     the result of abuse, neglect or unauthorized modification or
     alteration of the motorized wheelchair by a consumer.
        "Reasonably attempt to repair."  Any of the following
     occurring within the term of an express warranty applicable to a
     new motorized wheelchair or within one year after first delivery
     of the motorized wheelchair to a consumer, whichever is sooner:
            (1)  The same nonconformity with the warranty is subject
        to repair by the manufacturer, motorized wheelchair lessor or
        any of the manufacturer's authorized motorized wheelchair
        dealers at least four times and the nonconformity continues.
            (2)  The motorized wheelchair is out of service for an
        aggregate of at least 30 days because of warranty
        nonconformities.
     Section 3.  Express warranty provision.
        A manufacturer who sells a motorized wheelchair to a
     consumer, either directly or through a motorized wheelchair
     dealer, shall furnish the consumer with an express warranty for
     the motorized wheelchair. The duration of the express warranty
     shall be not less than one year after first delivery of the
     motorized wheelchair to the consumer.
     Section 4.  Nonconformities.
        (a)  General rule.--If a new motorized wheelchair does not
     conform to an applicable express warranty and the consumer
     reports the nonconformity to the manufacturer, the motorized
     wheelchair lessor or any of the manufacturer's authorized
     motorized wheelchair dealers and makes the motorized wheelchair
     available for repair before one year after first delivery of the
     motorized wheelchair to a consumer, the nonconformity shall be
     repaired.
        (b)  Duties of manufacturer.--If, after a reasonable attempt
     to repair, the nonconformity is not repaired, the manufacturer
     shall carry out the requirements of one of the following:
            (1)  At the direction of a "consumer" as defined in
        section 2(1), (2) or (3), do one of the following:
                (i)  Accept return of the motorized wheelchair and
            replace the motorized wheelchair with a comparable new
            motorized wheelchair and refund any collateral costs.
                (ii)  Accept return of the motorized wheelchair and
            refund to the consumer and to any holder of a perfected
            security interest in the consumer's motorized wheelchair,
            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. Under this subparagraph, a reasonable
            allowance for use may not exceed the amount obtained by
            multiplying the full purchase price of the motorized
            wheelchair by a fraction, the denominator of which is
            1,825 and the numerator of which is the number of days
            that the motorized wheelchair was driven before the
            consumer first reported the nonconformity to the
            motorized wheelchair dealer.
            (2)  With respect to a "consumer" as defined in section
        2(4), accept return of the motorized wheelchair, refund to
        the motorized wheelchair lessor and to any holder of a
        perfected security interest in the motorized wheelchair, 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 any collateral costs, less
        a reasonable allowance for use.
        (c)  Lease provisions.--
            (1)  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 motorized wheelchair dealer's early
        termination costs and the value of the motorized wheelchair
        at the lease expiration date, less the motorized wheelchair
        lessor's early termination savings.
            (2)  A reasonable allowance for use may not exceed the
        amount obtained by multiplying the total amount 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 drove the motorized
        wheelchair before first reporting the nonconformity to the
        manufacturer, motorized wheelchair lessor or motorized
        wheelchair dealer.
        (d)  Remedies.--
            (1)  To receive a comparable new motorized wheelchair or
        a refund due under subsection (b)(1), a consumer shall offer
        to the manufacturer of the motorized wheelchair having the
        nonconformity to transfer possession of that motorized
        wheelchair to that manufacturer. No later than 30 days after
        that offer, the manufacturer shall provide the consumer with
        the comparable new motorized wheelchair or refund. When the
        manufacturer provides the new motorized wheelchair or refund,
        the consumer shall return the motorized wheelchair having the
        nonconformity to the manufacturer, along with any
        endorsements necessary to transfer real possession to the
        manufacturer.
            (2)  To receive a refund due under subsection (b)(2), a
        consumer shall offer to return the motorized wheelchair
        having the nonconformity to its manufacturer. No later than
        30 days after that offer, the manufacturer shall provide the
        refund to the consumer. When the manufacturer provides the
        refund, the consumer shall return to the manufacturer the
        motorized wheelchair having the nonconformity.
            (3)  To receive a refund due under subsection (b)(2), a
        motorized wheelchair lessor shall offer to transfer
        possession of the motorized wheelchair having the
        nonconformity to its manufacturer. No later than 30 days
        after that offer, the manufacturer shall provide the refund
        to the motorized wheelchair lessor. When the manufacturer
        provides the refund, the motorized wheelchair lessor shall
        provide to the manufacturer any endorsements necessary to
        transfer legal possession to the manufacturer.
            (4)  No person may enforce the lease against the consumer
        after the consumer receives a refund due under subsection
        (b)(2).
        (e)  Returned motorized wheelchair provision.--No motorized
     wheelchair returned by a consumer or motorized wheelchair lessor
     in this Commonwealth under subsection (b) or by a consumer or
     motorized wheelchair lessor in another state under a similar law
     of that state may be sold or leased again in this Commonwealth
     unless full disclosure of the reasons for return is made to any
     prospective buyer or lessee.
     Section 5.  Limitation.
        This section does not limit rights or remedies available to a
     consumer under any other law.
     Section 6.  Waiver invalid.
        Any waiver by a consumer of rights under this act is void.
     Section 7.  Damage action.
        In addition to pursuing any other remedy, a consumer may
     bring an action to recover for any damages caused by a violation
     of this act. The court shall award a consumer who prevails in
     such an action twice the amount of any pecuniary loss, together
     with costs, disbursements and reasonable attorney fees, and any
     equitable relief that the court determines is appropriate.
     Section 8.  Effective date.
        This act shall take effect in 60 days.