PRINTER'S NO. 1716
No. 1519 Session of 1993
INTRODUCED BY LAUB, PESCI, BAKER, FARMER, MASLAND, FICHTER, FARGO, KUKOVICH, KING, KASUNIC, DURHAM, STERN, TRELLO, JAROLIN, RAYMOND, GEIST, BELARDI, TOMLINSON, OLASZ, BELFANTI, SAURMAN AND E. Z. TAYLOR, MAY 5, 1993
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 5, 1993
AN ACT 1 Providing for express warranties for motorized wheelchairs. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the Motorized 6 Wheelchair Warranty Act. 7 Section 2. Definitions. 8 The following words and phrases when used in this act shall 9 have the meanings given to them in this section unless the 10 context clearly indicates otherwise: 11 "Collateral costs." Expenses incurred by a consumer in 12 connection with the repair of a nonconformity, including the 13 costs of obtaining an alternative wheelchair or other assistive 14 device for mobility. 15 "Consumer." Any of the following: 16 (1) The purchaser of a motorized wheelchair, if the
1 motorized wheelchair was purchased from a motorized 2 wheelchair dealer or manufacturer for purposes other than 3 resale. 4 (2) A person to whom the motorized wheelchair is 5 transferred for purposes other than resale, if the transfer 6 occurs before the expiration of an express warranty 7 applicable to the motorized wheelchair. 8 (3) A person who may enforce the warranty. 9 (4) A person who leases a motorized wheelchair from a 10 motorized wheelchair lessor under a written lease. 11 "Demonstrator." A motorized wheelchair used primarily for 12 the purpose of demonstration to the public. 13 "Early termination cost." Any expense or obligation that a 14 motorized wheelchair lessor incurs as a result of both the 15 termination of a written lease before the termination date set 16 forth in that lease and the return of a motorized wheelchair to 17 a manufacturer under section 4(b)(2). The term includes a 18 penalty for prepayment under a finance arrangement. 19 "Early termination savings." Any expense or obligation that 20 a motorized wheelchair lessor avoids as a result of both the 21 termination of a written lease before the termination date set 22 forth in that lease and the return of a motorized wheelchair to 23 a manufacturer under section 4(b)(2). The term includes an 24 interest charge that the motorized wheelchair lessor would have 25 paid to finance the motorized wheelchair or, if the motorized 26 wheelchair lessor does not finance the motorized wheelchair, the 27 difference between the total amount for which the lease 28 obligates the consumer during the period of the lease term 29 remaining after the early termination and the present value of 30 that amount at the date of the early termination. 19930H1519B1716 - 2 -
1 "Manufacturer." A person who manufactures or assembles 2 motorized wheelchairs and agents of that person, including an 3 importer, a distributor, factory branch, distributor branch and 4 any warrantors of the manufacturer's motorized wheelchairs, but 5 does not include a motorized wheelchair dealer. 6 "Motorized wheelchair." Any motor-driven wheelchair or cart, 7 including a demonstrator, that a consumer purchases or accepts 8 transfer of in this Commonwealth. 9 "Motorized wheelchair dealer." A person who is in the 10 business of selling motorized wheelchairs. 11 "Motorized wheelchair lessor." A person who leases a 12 motorized wheelchair to a consumer, or who holds the lessor's 13 rights, under a written lease. 14 "Nonconformity." A condition or defect that substantially 15 impairs the use, value or safety of a motorized wheelchair and 16 that is covered by an express warranty applicable to the 17 motorized wheelchair or to a component of the motorized 18 wheelchair, but does not include a condition or defect that is 19 the result of abuse, neglect or unauthorized modification or 20 alteration of the motorized wheelchair by a consumer. 21 "Reasonably attempt to repair." Any of the following 22 occurring within the term of an express warranty applicable to a 23 new motorized wheelchair or within one year after first delivery 24 of the motorized wheelchair to a consumer, whichever is sooner: 25 (1) The same nonconformity with the warranty is subject 26 to repair by the manufacturer, motorized wheelchair lessor or 27 any of the manufacturer's authorized motorized wheelchair 28 dealers at least four times and the nonconformity continues. 29 (2) The motorized wheelchair is out of service for an 30 aggregate of at least 30 days because of warranty 19930H1519B1716 - 3 -
1 nonconformities. 2 Section 3. Express warranty provision. 3 A manufacturer who sells a motorized wheelchair to a 4 consumer, either directly or through a motorized wheelchair 5 dealer, shall furnish the consumer with an express warranty for 6 the motorized wheelchair. The duration of the express warranty 7 shall be not less than one year after first delivery of the 8 motorized wheelchair to the consumer. If a manufacturer fails to 9 furnish an express warranty as required by this act, the 10 motorized wheelchair shall be covered by an express warranty as 11 if the manufacturer had furnished an express warranty to the 12 consumer as required by this act. 13 Section 4. Nonconformities. 14 (a) General rule.--If a new motorized wheelchair does not 15 conform to an applicable express warranty and the consumer 16 reports the nonconformity to the manufacturer, the motorized 17 wheelchair lessor or any of the manufacturer's authorized 18 motorized wheelchair dealers and makes the motorized wheelchair 19 available for repair before one year after first delivery of the 20 motorized wheelchair to a consumer, the nonconformity shall be 21 repaired. 22 (b) Duties of manufacturer.--If, after a reasonable attempt 23 to repair, the nonconformity is not repaired, the manufacturer 24 shall carry out the requirements of one of the following: 25 (1) At the direction of a "consumer" as defined in 26 section 2(1), (2) or (3), do one of the following: 27 (i) Accept return of the motorized wheelchair and 28 replace the motorized wheelchair with a comparable new 29 motorized wheelchair and refund any collateral costs. 30 (ii) Accept return of the motorized wheelchair and 19930H1519B1716 - 4 -
1 refund to the consumer and to any holder of a perfected 2 security interest in the consumer's motorized wheelchair, 3 as their interest may appear, the full purchase price 4 plus any finance charge, amount paid by the consumer at 5 the point of sale and collateral costs, less a reasonable 6 allowance for use. Under this subparagraph, a reasonable 7 allowance for use may not exceed the amount obtained by 8 multiplying the full purchase price of the motorized 9 wheelchair by a fraction, the denominator of which is 10 1,825 and the numerator of which is the number of days 11 that the motorized wheelchair was driven before the 12 consumer first reported the nonconformity to the 13 motorized wheelchair dealer. 14 (2) With respect to a "consumer" as defined in section 15 2(4), accept return of the motorized wheelchair, refund to 16 the motorized wheelchair lessor and to any holder of a 17 perfected security interest in the motorized wheelchair, as 18 their interest may appear, the current value of the written 19 lease and refund to the consumer the amount that the consumer 20 paid under the written lease plus any collateral costs, less 21 a reasonable allowance for use. 22 (c) Lease provisions.-- 23 (1) The current value of the written lease equals the 24 total amount for which that lease obligates the consumer 25 during the period of the lease remaining after its early 26 termination, plus the motorized wheelchair dealer's early 27 termination costs and the value of the motorized wheelchair 28 at the lease expiration date if the lease sets forth that 29 value, less the motorized wheelchair lessor's early 30 termination savings. 19930H1519B1716 - 5 -
1 (2) A reasonable allowance for use may not exceed the 2 amount obtained by multiplying the total amount for which the 3 written lease obligates the consumer by a fraction, the 4 denominator of which is 1,825 and the numerator of which is 5 the number of days that the consumer drove the motorized 6 wheelchair before first reporting the nonconformity to the 7 manufacturer, motorized wheelchair lessor or motorized 8 wheelchair dealer. 9 (d) Remedies.-- 10 (1) To receive a comparable new motorized wheelchair or 11 a refund due under subsection (b)(1), a consumer shall offer 12 to the manufacturer of the motorized wheelchair having the 13 nonconformity to transfer possession of that motorized 14 wheelchair to that manufacturer. No later than 30 days after 15 that offer, the manufacturer shall provide the consumer with 16 the comparable new motorized wheelchair or refund. When the 17 manufacturer provides the new motorized wheelchair or refund, 18 the consumer shall return the motorized wheelchair having the 19 nonconformity to the manufacturer, along with any 20 endorsements necessary to transfer real possession to the 21 manufacturer. 22 (2) To receive a refund due under subsection (b)(2), a 23 consumer shall offer to return the motorized wheelchair 24 having the nonconformity to its manufacturer. No later than 25 30 days after that offer, the manufacturer shall provide the 26 refund to the consumer. When the manufacturer provides the 27 refund, the consumer shall return to the manufacturer the 28 motorized wheelchair having the nonconformity. 29 (3) To receive a refund due under subsection (b)(2), a 30 motorized wheelchair lessor shall offer to transfer 19930H1519B1716 - 6 -
1 possession of the motorized wheelchair having the 2 nonconformity to its manufacturer. No later than 30 days 3 after that offer, the manufacturer shall provide the refund 4 to the motorized wheelchair lessor. When the manufacturer 5 provides the refund, the motorized wheelchair lessor shall 6 provide to the manufacturer any endorsements necessary to 7 transfer legal possession to the manufacturer. 8 (4) No person may enforce the lease against the consumer 9 after the consumer receives a refund due under subsection 10 (b)(2). 11 (e) Returned motorized wheelchair provision.--No motorized 12 wheelchair returned by a consumer or motorized wheelchair lessor 13 in this Commonwealth under subsection (b), or by a consumer or 14 motorized wheelchair lessor in another state under a similar law 15 of that state, may be sold or leased again in this Commonwealth 16 unless full disclosure of the reasons for return is made to any 17 prospective buyer or lessee. 18 Section 5. Limitation. 19 This section does not limit rights or remedies available to a 20 consumer under any other law. 21 Section 6. Waiver invalid. 22 Any waiver by a consumer of rights under this section is 23 void. 24 Section 7. Damage action. 25 In addition to pursuing any other remedy, a consumer may 26 bring an action to recover for any damages cause by a violation 27 of this section. The court shall award a consumer who prevails 28 in such an action twice the amount of any pecuniary loss, 29 together with costs, disbursements and reasonable attorney fees, 30 and any equitable relief that the court determines is 19930H1519B1716 - 7 -
1 appropriate. 2 Section 8. Effective date. 3 This act shall take effect in 60 days. D16L12SFG/19930H1519B1716 - 8 -