AN ACT Relating to
motorized wheelchair warranties; and adding a new chapter to Title 19 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "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 assisting mobility.
(2)
"Consumer" means any of the following:
(a) The purchaser of a
motorized wheelchair, if the motorized wheelchair was purchased from a
motorized wheelchair dealer or manufacturer for purposes other than resale;
(b) A person to whom a
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;
(c) A person who may
enforce a warranty on a motorized wheelchair; or
(d) A person who leases
a motorized wheelchair from a motorized wheelchair lessor under a written
lease.
(3)
"Demonstrator" means a motorized wheelchair used primarily for the
purpose of demonstration to the public.
(4) "Early
termination cost" means an expense or obligation that a motorized
wheelchair lessor incurs as a result of both the termination of a written lease
before the termination date set forth in the lease and the return of a
motorized wheelchair to a manufacturer under section 3(2)(b) of this act. "Early
termination cost" includes a penalty for prepayment under a finance
arrangement.
(5) "Early
termination savings" means an expense or obligation that a motorized
wheelchair lessor avoids as a result of both the termination of a written lease
before the termination date set forth in the lease and the return of a
motorized wheelchair to a manufacturer under section 3(2)(b) of this act.
"Early termination savings" includes an interest charge that the
motorized wheelchair lessor would have paid to finance the motorized wheelchair
or, if the motorized wheelchair lessor does not finance the motorized
wheelchair, the difference between the total amount for which the lease
obligates the consumer during the period of the lease term remaining after the
early termination and the present value of that amount at the date of the early
termination.
(6)
"Manufacturer" means a person who manufactures or assembles motorized
wheelchairs and agents of the person, including an importer, a distributor,
factory branch, distributor branch, and a warrantor of the manufacturer's
motorized wheelchairs, but does not include a motorized wheelchair dealer.
(7) "Motorized
wheelchair" means a motor-driven wheelchair, including a demonstrator,
that a consumer purchases or accepts transfer of in this state.
(8) "Motorized
wheelchair dealer" means a person who is in the business of selling
motorized wheelchairs.
(9) "Motorized
wheelchair lessor" means a person who leases a motorized wheelchair to a
consumer, or who holds the lessor's rights, under a written lease.
(10)
"Nonconformity" means a condition or defect that substantially
impairs the use, value, or safety of a motorized wheelchair, and that is
covered by an express warranty applicable to the motorized wheelchair or to a
component of the motorized wheelchair, but does not include a condition or
defect that is the result of abuse, neglect, or unauthorized modification or
alteration of the motorized wheelchair by a consumer.
(11) "Reasonable
attempt to repair" means any of the following occurring within the term of
an express warranty applicable to a new motorized wheelchair or within one year
after first delivery of a motorized wheelchair to a consumer, whichever is
sooner:
(a) An attempted repair
by the manufacturer, motorized wheelchair lessor, or the manufacturer's
authorized motorized dealer is made to the same warranty nonconformity at least
four times and the nonconformity continues; or
(b) The motorized
wheelchair is out of service for an aggregate of at least thirty days because
of warranty nonconformity.
NEW SECTION. Sec.
2. A manufacturer who sells
a motorized wheelchair to a consumer, either directly or through a motorized
wheelchair dealer, shall furnish the consumer with an express warranty for the
motorized wheelchair. The duration of the express warranty must be for at
least one year after the first delivery of the motorized wheelchair to the
consumer. If the manufacturer fails to furnish an express warranty as required
under this section, the motorized wheelchair is covered by an implied warranty
as if the manufacturer had furnished an express warranty to the consumer as
required under this section.
NEW SECTION. Sec.
3. (1) If a new motorized
wheelchair does not conform to an applicable express warranty and the consumer
reports the nonconformity to the manufacturer, the motorized wheelchair lessor,
or any of the manufacturer's authorized motorized wheelchair dealers and makes
the motorized wheelchair available for repair before one year after first
delivery of the motorized wheelchair to the consumer, the nonconformity must be
repaired.
(2) If, after a
reasonable attempt to repair, the nonconformity is not repaired, the
manufacturer shall do one of the following, whichever is appropriate:
(a) At the direction of
a consumer described under section 1(2)(a), (b), or (c) of this act, do one of
the following:
(i) Accept return of
the motorized wheelchair and replace the motorized wheelchair with a comparable
new motorized wheelchair and refund any collateral costs; or
(ii) Accept return of
the motorized wheelchair and refund to the consumer and to a 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. Under this subsection (2)(a)(ii), a 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
one thousand eight hundred twenty-five 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; or
(b)(i) For a consumer
described in section 1(2)(d) of this act, accept return of the motorized
wheelchair, refund to the motorized wheelchair lessor and to a holder of a
perfected security interest in the motorized wheelchair, as their interest may
appear, the current value of the written lease and refund to the consumer the
amount that the consumer paid under the written lease plus any collateral
costs, less a reasonable allowance for use.
(ii) Under this
subsection (2)(b), the current value of the written lease equals the total
amount for which the lease obligates the consumer during the period of the
lease remaining after its early termination, plus the motorized wheelchair
dealer's early termination costs and the value of the motorized wheelchair at
the lease expiration date if the lease sets forth the value, less the motorized
wheelchair lessor's early termination savings.
(iii) Under this
subsection (2)(b), 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 one thousand eight
hundred twenty-five 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.
(3) To receive a
comparable new motorized wheelchair or a refund due under subsection (2)(a) of
this section, a consumer described under section 1(2) (a), (b), or (c) of this
act shall offer to the manufacturer of the motorized wheelchair having the
nonconformity to transfer possession of the motorized wheelchair to the
manufacturer. Within thirty days after the offer, the manufacturer shall
provide the consumer with a comparable new motorized wheelchair or a refund.
When the manufacturer provides a new motorized wheelchair or refund under this
subsection, the consumer shall return to the manufacturer the motorized
wheelchair having the nonconformity.
(4)(a) To receive a
refund due under subsection (2)(b) of this section, a consumer described under
section 1(2)(d) of this act shall offer to return the motorized wheelchair
having the nonconformity to its manufacturer. Within thirty days after the
offer, the manufacturer shall provide the refund to the consumer. When the
manufacturer provides the refund, the consumer shall return to the manufacturer
the motorized wheelchair having the nonconformity.
(b) To receive a refund
due under subsection (2)(b) of this section, a motorized wheelchair lessor
shall offer to transfer possession of the motorized wheelchair having the
nonconformity to the manufacturer. Within thirty days after the offer, the
manufacturer shall provide a refund to the motorized wheelchair lessor. When
the manufacturer provides the refund, the motorized wheelchair lessor shall
provide to the manufacturer the endorsements necessary to transfer legal
possession to the manufacturer.
(c) A person may not
enforce the lease against the consumer after the consumer receives a refund due
under subsection (2)(b) of this section.
(5) A person may not
sell or lease again in this state a motorized wheelchair returned by a consumer
or motorized wheelchair lessor in this state under subsection (2) of this
section or by a consumer or motorized wheelchair lessor in another state under
a similar law of that state, unless full disclosure of the reasons for return
is made to a prospective buyer or lessee.
NEW SECTION. Sec.
4. This chapter does not
limit rights or remedies available under other law to a consumer.
NEW SECTION. Sec.
5. A waiver by a consumer of
rights under this section is void.
NEW SECTION. Sec.
6. In addition to pursuing
another remedy, a consumer may bring an action to recover damages caused by a
violation of this chapter. The court shall award a consumer who prevails in an
action under this section twice the amount of pecuniary loss, together with
costs, disbursements, reasonable attorneys' fees, and equitable relief that the
court determines is appropriate.
NEW
SECTION. Sec. 7. Sections 1 through 6 of
this act shall constitute a new chapter in Title 19 RCW.
