Sec. 9. For purposes of this chapter, a "reasonable attempt to repair" has occurred if, within one (1) year after the date of first delivery of the assistive device, either of the following applies:
(1) The same nonconformity has been subject to repair two (2) or more times by the manufacturer, assistive device lessor, or any assistive device dealer authorized by the manufacturer to repair the assistive device, and the nonconformity continues to exist and interfere with the assistive device's operation.
(2) The assistive device is out of service because of nonconformities, with no fungible loaner available, for a cumulative total of at least thirty (30) business days (not including 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 the assistive device. For purposes of this subdivision a loaner hearing aid is considered fungible with the consumer's hearing aid if the loaner hearing aid improves the consumer's hearing. This subdivision does not apply 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.
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