Ch. 51
1994 LAWS OF MARYLAND
MOTORIZED WHEELCHAIR DEALER'S EARLY TERMINATION COSTS AND THE VALUE
OF THE MOTORIZED WHEELCHAIR AT THE LEASE EXPIRATION DATE IF THE LEASE
SETS FORTH THAT VALUE, LESS THE MOTORIZED WHEELCHAIR LESSOR'S EARLY
TERMINATION SAVINGS.
(E) A REASONABLE ALLOWANCE FOR USE MAY NOT EXCEED THE AMOUNT
OBTAINED BY MULTIPLYING THE TOTAL AMOUNT FOR WHICH THE WRITTEN LEASE
OBLIGATES THE CONSUMER BY A FRACTION, THE DENOMINATOR OF WHICH IS 1,825
AND THE NUMERATOR OF WHICH IS THE NUMBER OF DAYS THAT THE CONSUMER
DROVE THE MOTORIZED WHEELCHAIR BEFORE FIRST REPORTING THE
NONCONFORMITY TO THE MANUFACTURER, MOTORIZED WHEELCHAIR LESSOR, OR
MOTORIZED WHEELCHAIR DEALER.
(F) TO RECEIVE A COMPARABLE NEW MOTORIZED WHEELCHAIR OR A
REFUND DUE UNDER SUBSECTION (C)(1) OR (2) OF THIS SECTION, A CONSUMER,
EXCEPT A CONSUMER WHO LEASES A MOTORIZED WHEELCHAIR, SHALL OFFER TO
TRANSFER POSSESSION OF THE MOTORIZED WHEELCHAIR HAVING THE
NONCONFORMITY TO THE MANUFACTURER OF THAT MOTORIZED WHEELCHAIR.
NO LATER THAN 30 DAYS AFTER THAT OFFER, THE MANUFACTURER SHALL
PROVIDE THE CONSUMER WITH A COMPARABLE NEW MOTORIZED WHEELCHAIR OR
A REFUND. WHEN THE MANUFACTURER PROVIDES THE NEW MOTORIZED
WHEELCHAIR OR REFUND, THE CONSUMER SHALL RETURN THE MOTORIZED
WHEELCHAIR HAVING THE NONCONFORMITY TO THE MANUFACTURER, ALONG
WITH ANY ENDORSEMENTS NECESSARY TO TRANSFER LEGAL POSSESSION TO THE
MANUFACTURER.
(G) (1) TO RECEIVE A REFUND DUE UNDER SUBSECTION (C)(3) OF THIS
SECTION, A CONSUMER WHO LEASES A MOTORIZED WHEELCHAIR SHALL OFFER TO
RETURN THE MOTORIZED WHEELCHAIR HAVING THE NONCONFORMITY TO THE
MANUFACTURER OF THAT MOTORIZED WHEELCHAIR. NO LATER THAN 30 DAYS
AFTER THAT OFFER, THE MANUFACTURER SHALL PROVIDE THE REFUND TO THE
CONSUMER. WHEN THE MANUFACTURER PROVIDES THE REFUND, THE CONSUMER
SHALL RETURN THE MOTORIZED WHEELCHAIR HAVING THE NONCONFORMITY TO
THE MANUFACTURER.
(2) TO RECEIVE A REFUND DUE UNDER SUBSECTION (C)(3) OF THIS
SECTION, A MOTORIZED WHEELCHAIR LESSOR SHALL OFFER TO TRANSFER
POSSESSION OF THE MOTORIZED WHEELCHAIR HAVING THE NONCONFORMITY TO
THE MANUFACTURER OF THAT MOTORIZED WHEELCHAIR. NO LATER THAN 30
DAYS AFTER THAT OFFER, THE MANUFACTURER SHALL PROVIDE THE REFUND TO
THE MOTORIZED WHEELCHAIR LESSOR. WHEN THE MANUFACTURER PROVIDES
THE REFUND, THE MOTORIZED WHEELCHAIR LESSOR SHALL PROVIDE ANY
ENDORSEMENTS NECESSARY TO TRANSFER LEGAL POSSESSION TO THE
MANUFACTURER.
(3) A PERSON MAY NOT ENFORCE THE LEASE AGAINST THE CONSUMER
AFTER THE CONSUMER RECEIVES A REFUND DUE UNDER SUBSECTION (C)(3) OF
THIS SECTION.
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