KRS § 151B.315 — KY Code / Title XII / Chapter 151B / Section 151B.315
151B.315 Manufacturer's duty when nonconformity is not repaired after reasonable attempt -- Lease value -- Allowance for use
Status: in_force

151B.315 Manufacturer's duty when nonconformity is not repaired after

reasonable attempt -- Lease value -- Allowance for use.

(1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the

manufacturer shall carry out, at the option of the consumer, the requirements under

paragraph (a) or (b) of this subsection.

(a) To provide for refunds, at the request of the consumer, the manufacturer shall

do one (1) of the following:

1. Accept return of the assistive device and refund to the consumer and to

any holder of a perfected security interest in the consumer's assistive

device, as the interest may appear, the full purchase price including any

finance charge paid by the consumer at the point of sale, plus collateral

costs, less a reasonable allowance for use, except that in the case of

hearing aids, the manufacturer's invoice price shall be refunded; or

2. Accept return of the assistive device, refund to the assistive device lessor

and to any holder of a perfected security interest in the assistive device,

as the 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 collateral costs, less a reasonable allowance for use.

(b) To receive a comparable new assistive device to that having the

nonconformity or a refund, the consumer shall offer to transfer possession of

the nonconforming assistive device to its manufacturer. No later than thirty

(30) days after that offer, the manufacturer shall provide the consumer with

the comparable assistive device or a refund. When the manufacturer provides

the comparable new assistive device or the refund, the consumer shall return

the assistive device having the nonconformity to the manufacturer, along with

any endorsements necessary to transfer legal possession to the manufacturer.

(2) If, after a reasonable attempt to repair, the nonconformity is not repaired, an

assistive device lessor shall receive a refund from the manufacturer. To receive a

refund, the assistive device lessor shall offer to transfer possession of a

nonconforming assistive device to its manufacturer. No later than thirty (30) days

after that offer, the manufacturer shall provide the refund to the assistive device

lessor. When the manufacturer provides the refund, the assistive device lessor shall

provide to the manufacturer any endorsements necessary to transfer legal possession

to the manufacturer.

(3) Under this section, the current value of the written lease equals the total amount for

which that lease obligates the consumer during the period of the lease remaining

after its early termination, plus the assistive device dealer's early termination costs

and the value of the assistive device at the lease expiration date, if the lease sets

forth that value, less the assistive device lessor's early termination savings.

(4) Under this section, a reasonable allowance for use may not exceed the amount

obtained by multiplying the total amount paid by the consumer under a purchase or

for which the consumer is obligated under a written lease by a fraction, the

denominator of which is one thousand eight hundred twenty-five (1,825), which is

the number of days in a five (5) year period, and the numerator of which is the

number of days that the consumer used the assistive device before first reporting the

nonconformity to the manufacturer, assistive device lessor, or assistive device

dealer.

(5) No person may enforce the lease against the consumer after the consumer receives a

refund.