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Session Laws, 1994
Volume 773, Page 1083   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                             Ch. 51

(H) A MOTORIZED WHEELCHAIR RETURNED BY A CONSUMER OR
MOTORIZED WHEELCHAIR LESSOR IN THIS STATE UNDER SUBSECTION (C) OF THIS
SECTION, OR BY A CONSUMER OR MOTORIZED WHEELCHAIR LESSOR IN ANOTHER
STATE UNDER A SIMILAR LAW OF THAT STATE, MAY NOT BE SOLD OR LEASED
AGAIN IN THIS STATE UNLESS FULL DISCLOSURE OF THE REASONS FOR RETURN IS
MADE TO ANY PROSPECTIVE BUYER OR LESSEE.

14-2704.

(A)     (1) THIS SUBTITLE MAY NOT BE DEEMED TO LIMIT RIGHTS OR
REMEDIES AVAILABLE TO A CONSUMER UNDER ANY OTHER LAW OR CONTRACT.

(2) A CONSUMER'S RIGHTS UNDER THIS SUBTITLE MAY NOT BE
LIMITED BY THE PROVISIONS OF TITLE 2A OF THE UNIFORM COMMERCIAL CODE.

(B)     ANY WAIVER BY A CONSUMER OF RIGHTS UNDER THIS SUBTITLE IS VOID.

14-2705.

(A) A VIOLATION OF THIS SUBTITLE SHALL BE AN UNFAIR AND DECEPTIVE
TRADE PRACTICE UNDER TITLE 13 OF THIS ARTICLE.

(C) (B) IN ADDITION TO PURSUING ANY OTHER REMEDY, A CONSUMER
MAY BRING AN ACTION TO RECOVER FOR ANY DAMAGES CAUSED BY A VIOLATION
OF THIS SUBTITLE. THE COURT SHALL AWARD A CONSUMER WHO PREVAILS IN
SUCH AN ACTION TWICE THE AMOUNT OF ANY PECUNIARY LOSS TOGETHER WITH
COSTS, DISBURSEMENTS, AND REASONABLE ATTORNEY FEES AND ANY EQUITABLE
RELIEF THAT THE COURT DETERMINES IS APPROPRIATE.

14-2705. 14-2706.

THIS SUBTITLE MAY BE CITED AS "THE MOTORIZED WHEELCHAIR WARRANTY
ENFORCEMENT ACT".

SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this
Act or the application thereof to any person or circumstance is held invalid for any reason
in a court of competent jurisdiction, the invalidity does not affect other provisions or any
other application of this Act which can be given effect without the invalid provision or
application, and for this purpose the provisions of this Act are declared severable.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

Approved April 12, 1994.

- 1083 -

 

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Session Laws, 1994
Volume 773, Page 1083   View pdf image
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