Ch. 51

1994 LAWS OF MARYLAND

certain express warranties; providing for the duration of certain warranties;
providing for repair of certain wheelchairs; providing for return and replacement of
wheelchairs; providing the procedures for return of certain nonconforming
wheelchairs; providing for calculation of refunds owed to consumers and security
interest holders; providing procedures and requirements for transferring real and
legal possession of a nonconforming wheelchair from the consumer to the
manufacturer; prohibiting resale of returned nonconforming motorized wheelchairs
without full disclosure; providing that any waiver of consumer rights under this Act
is void; authorizing consumer actions for damages, fees, costs, and other equitable
relief; making provisions of this Act severable; and generally relating to motorized
wheelchair warranties.

BY adding to

Article - Commercial Law

Section 14-2701 through 14 2705 14-2706, to be under the new subtitle "Subtitle

27. The Motorized Wheelchair Warranty Enforcement Act"
Annotated Code of Maryland
(1990 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Commercial Law

SUBTITLE 27. THE MOTORIZED WHEELCHAIR WARRANTY ENFORCEMENT ACT

14-2701.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)      "COLLATERAL COSTS" MEANS EXPENSES INCURRED BY A CONSUMER IN
CONNECTION WITH THE REPAIR OF A NONCONFORMITY, INCLUDING THE COSTS OF
OBTAINING AN ALTERNATIVE WHEELCHAIR OR OTHER DEVICE USED FOR
MOBILITY ASSISTANCE.

(C)     "CONSUMER" MEANS 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; OR

(4)      A PERSON WHO LEASES A MOTORIZED WHEELCHAIR FROM A
MOTORIZED WHEELCHAIR LESSOR UNDER A WRITTEN LEASE.                         

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