This section defines terms used in the chapter, including assistive device, dealer, lessor, collateral costs, consumer/the agency, and demonstrator.
For purposes of this chapter, the following terms shall have the following meanings: (1) ASSISTIVE DEVICE. a. Any device, that costs five thousand dollars ($5,000) or more, including a demonstrator that a consumer purchases or accepts transfer of in this state which is used for a major life activity. The term is limited to the following: 1. Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual. 2. Voice synthesized computer modules, optical scanners, talking software, Braille printers, and other devices that enhance the ability of a sight impaired individual to communicate. b. The term does not include hearing aids, telephone communication devices for the deaf, assistive listening devices, or other aids that enhance the ability of an individual to hear. (2) ASSISTIVE DEVICE DEALER. A person who is in the business of selling assistive devices. (3) ASSISTIVE DEVICE LESSOR. A person who leases assistive devices to consumers, or who holds the rights of a lessor, under a written lease. Any assistive device lessor who is also an assistive device dealer shall fulfill all obligations owed to the consumer pursuant to this chapter as both an assistive device dealer and lessor. (4) COLLATERAL COSTS. Expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device. (5) CONSUMER or THE AGENCY. Any of the following: a. The purchaser of an assistive device, including government entities purchasing a device for the benefit of an individual and the individual for whose benefit the device is purchased, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale. b. A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device. c. A person who may enforce the warranty. d. A person who leases an assistive device from an assistive device lessor under a written lease. e. Any person, with authority, acting on behalf of the consumer or the agency. (6) DEMONSTRATOR. An assistive device used primarily for the purpose of demonstration to the public.