WILLIAM DONALD SCHAEFER, Governor                             Ch. 51

(B)      IF IN ANY SUBSEQUENT PROCEEDING IT IS DETERMINED THAT THE
CONSUMER'S REPAIR DID NOT QUALIFY FOR REPAIR UNDER THIS ARTICLE, AND
THE MANUFACTURER WAS NOT OTHERWISE OBLIGATED TO REPAIR THE
MOTORIZED WHEELCHAIR, THE CONSUMER SHALL BE LIABLE TO THE
MANUFACTURER FOR COSTS OF REPAIR.

(C)      (1) IF, AFTER A REASONABLE ATTEMPT TO REPAIR,. THE
NONCONFORMITY IS NOT REPAIRED, THE MANUFACTURER SHALL CARRY OUT THE
REQUIREMENT UNDER PARAGRAPH (2) OR (3) OF THIS SUBSECTION, WHICHEVER IS
APPROPRIATE.

(2)      AT THE DIRECTION OF THE CONSUMER, EXCEPT A CONSUMER WHO
LEASES A MOTORIZED WHEELCHAIR, THE MANUFACTURER SHALL DO ONE OF THE
FOLLOWING:

(I)       ACCEPT RETURN OF THE MOTORIZED WHEELCHAIR OR ANY
OF ITS COMPONENT PARTS AND REPLACE THE MOTORIZED WHEELCHAIR IT WITH A
COMPARABLE NEW MOTORIZED WHEELCHAIR OR ANY OF ITS COMPONENT PARTS
AND REFUND ANY COLLATERAL COSTS.

(II)     ACCEPT RETURN OF THE MOTORIZED WHEELCHAIR AND
REFUND TO THE CONSUMER AND TO ANY HOLDER OF A PERFECTED SECURITY
INTEREST IN THE CONSUMER'S MOTORIZED WHEELCHAIR, AS THEIR INTEREST MAY
APPEAR, THE FULL PURCHASE PRICE PLUS ANY FINANCE CHARGE, AMOUNT PAID
BY THE CONSUMER AT THE POINT OF SALE, AND COLLATERAL COSTS, LESS A
REASONABLE ALLOWANCE FOR USE. THE REASONABLE ALLOWANCE FOR USE MAY
NOT EXCEED THE AMOUNT OBTAINED BY MULTIPLYING THE FULL PURCHASE
PRICE OF THE MOTORIZED WHEELCHAIR BY A FRACTION, THE DENOMINATOR OF
WHICH IS 1,825 AND THE NUMERATOR OF WHICH IS THE NUMBER OF DAYS THAT THE
MOTORIZED WHEELCHAIR WAS DRIVEN BEFORE THE CONSUMER FIRST REPORTED
THE NONCONFORMITY TO THE MOTORIZED WHEELCHAIR DEALER.

(3)      AT THE DIRECTION OF A CONSUMER WHO LEASES A MOTORIZED
WHEELCHAIR, THE MANUFACTURER SHALL:

(I)       ACCEPT RETURN OF THE MOTORIZED WHEELCHAIR;

(II)     REFUND TO THE MOTORIZED WHEELCHAIR LESSOR AND TO
ANY HOLDER OF A PERFECTED SECURITY INTEREST IN THE MOTORIZED
WHEELCHAIR, AS THEIR INTEREST MAY APPEAR, THE CURRENT VALUE OF THE
WRITTEN LEASE AS DEFINED IN SUBSECTION (D) OF THIS SECTION; AND

(III)    REFUND TO THE CONSUMER THE AMOUNT THAT THE
CONSUMER PAID UNDER THE WRITTEN LEASE PLUS ANY COLLATERAL COSTS, LESS
A REASONABLE ALLOWANCE FOR USE AS DEFINED IN SUBSECTION (E) OF THIS
SECTION.

(D)     THE CURRENT VALUE OF THE WRITTEN LEASE EQUALS THE TOTAL
AMOUNT FOR WHICH THAT LEASE OBLIGATES THE CONSUMER DURING THE
PERIOD OF THE LEASE REMAINING AFTER ITS EARLY TERMINATION PLUS THE

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