AN ACT
Relating to wheelchair warranties; and amending RCW 19.184.010, 19.184.020, and
19.184.030.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
19.184.010 and 1994 c 104 s 1 are each amended to read as follows:
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 RCW 19.184.030(2)(b). "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 RCW 19.184.030(2)(b). "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)))
(8) "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.
(9)
"Wheelchair" means a wheelchair, including a demonstrator, that a
consumer purchases or accepts transfer of in this state.
(10) "Wheelchair
dealer" means a person who is in the business of selling wheelchairs.
(11) "Wheelchair
lessor" means a person who leases a wheelchair to a consumer, or who holds
the lessor's rights, under a written lease.
Sec.
2. RCW
19.184.020 and 1994 c 104 s 2 are each amended to read as follows:
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.
Sec.
3. RCW
19.184.030 and 1994 c 104 s 3 are each amended to read as follows:
(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 RCW 19.184.010(2) (a), (b), or (c),
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 RCW 19.184.010(2)(d), 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 RCW 19.184.010(2)
(a), (b), or (c) 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 RCW 19.184.010(2)(d) 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.
