37-31-5. Refund for leased nonconforming assistive device--Transfer of possession of device.
To receive a refund due under a leased assistive device, a consumer shall offer to return the nonconforming assistive device to the lessor. Not more than thirty days after such an offer, the lessor of the assistive device shall provide the refund to the consumer. When the lessor provides the refund, the consumer shall return to the lessor the nonconforming assistive device.
To receive a refund due under a leased assistive device, an assistive device lessor shall offer to transfer possession of the nonconforming assistive device to its manufacturer. Not more than thirty days after such an offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
Source: SL 1996, ch 242, ยง5.
Structure South Dakota Codified Laws
Chapter 31 - Assistive Devices
Section 37-31-1 - Definition of terms.
Section 37-31-2 - Manufacturer's warranty--Duration.
Section 37-31-3 - Repair of nonconforming devices--Reimbursement by manufacturer--Failure to repair.
Section 37-31-4 - Return of nonconforming device for replacement or refund.
Section 37-31-6 - No enforcement of lease following refund to consumer.
Section 37-31-7 - Other rights and remedies of consumer--Action for damages--Award.
Section 37-31-8 - Restrictions on resale or lease of returned devices.