Sec. 8. (a) As used in this chapter, "nonconformity" means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components.
(b) The term does not include a condition or defect of the assistive device that:
(1) is the result of:
(A) abuse, misuse, or neglect by a consumer;
(B) modifications or alterations not authorized by the manufacturer;
(C) normal wear, including accumulation of ear wax, perspiration, or moisture;
(D) normal use that may be resolved through a fitting adjustment, routine maintenance, preventative maintenance, or proper care; or
(E) a consumer's failure to follow any manufacturer's written service and maintenance guidelines furnished at the time of purchase; or
(2) indicates the need for:
(A) routine adjustment, modification, or upgrade; or
(B) an adjustment:
(i) due to an exacerbation in the condition of the individual with a disability; or
(ii) to improve the fit of the assistive device.
As added by P.L.85-1999, SEC.1.
Structure Indiana Code
Chapter 20. Assistive Device Warranties
24-5-20-1. Applicability of Chapter
24-5-20-2. "Assistive Device" Defined
24-5-20-3. "Collateral Costs" Defined
24-5-20-6. "Demonstrator" Defined
24-5-20-7. "Manufacturer" Defined
24-5-20-8. "Nonconformity" Defined
24-5-20-9. Reasonable Attempt to Repair
24-5-20-10. Implied Warranties Regarding Nonconformity
24-5-20-11. Return of Nonconforming Assistive Device
24-5-20-12. Resale of Nonconforming Assistive Devices Prohibited
24-5-20-14. Limitation of Warranties and Waiver of Rights Prohibited