reglab/housing_qa huggingface dataset:
RI Gen L § 6-45-2 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-45 - Consumer Enforcement of Assistive Technology Device Warranties|Section 6-45-2 - Effect on implied warranties of Uniform Commercial Code.

§ 6-45-2. Effect on implied warranties of Uniform Commercial Code.(a) For purposes of §§ 6A-2-314 or 6A-2.1-212 and §§ 6A-2-315 or 6A-2.1-213, with respect to a sale or a lease of an assistive technology device, the term "seller" or "lessor" includes the manufacturer of the device.(b) For purposes of §§ 6A-2-315 or 6A-2.1-213, with respect to a sale or lease of an assistive technology device, the seller or lessor shall be deemed to know that the particular purpose, for which the device is required, is to increase, maintain, or improve those functional capabilities that are appropriate to the kind of device involved in light of any knowledge that the seller or lessor may have acquired of the disabilities of the consumer.(c) For purposes of §§ 6A-2-315 or 6A-2.1-213, with respect to a sale or lease of an assistive technology device, the seller or lessor shall be deemed to know that the consumer is relying on the seller's or lessor's skill or judgment to select or furnish a suitable device in light of the knowledge that the seller or lessor has, or is deemed to have by reason of subsection (b) of this section, unless the consumer specifies a particular device and signs and is furnished a copy of a writing that:(1) Particularly describes the device that the consumer is specifying;(2) States that this person is specifying that device described; and(3) Contains the following notice, conspicuously in type that is at least four (4) points larger than the surrounding text: "There is no warranty (guarantee) that this product will be fit for your particular needs. There is only a warranty (guarantee) that the product will be fit for the purposes that it ordinarily meets. This is because you have specified the product you want to buy instead of relying on the seller's/lessor's knowledge to help choose one based upon your particular needs."(d) With respect to a sale or lease of an assistive technology device, the implied warranty of merchantability described in §§ 6A-2-314 or 6A-2.1-212 and the implied warranty of fitness for a particular purpose described in §§ 6A-2-315 or 6A-2.1-213 shall not be excluded or modified, pursuant to §§ 6A-2-316 or 6A-2.1-214 or otherwise.History of Section.P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32.
RI Gen L § 6-45-3 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-45 - Consumer Enforcement of Assistive Technology Device Warranties|Section 6-45-3 - Repair of assistive technology device with nonconformity.

§ 6-45-3. Repair of assistive technology device with nonconformity.(a) If a new assistive technology device or demonstrator has a nonconformity and the consumer first reports that nonconformity to the manufacturer of the device or its authorized dealer within Term B, then the manufacturer of the device shall be jointly obligated, together with any authorized dealer if an assistive technology device dealer was involved in the sale or lease of the device, to effect any repairs as are necessary to conform the device to all warranties, notwithstanding that those repairs might be made after the expiration of Term B.(b) For all purposes of this chapter, a consumer reports a nonconformity when he or she:(1) Makes any communication, written or oral, that describes a problem with the device, or that may be reasonably understood as an expression of dissatisfaction with any aspect of the operation of the device, which communication need only indicate in any way the nature of the problem, such as an indication of the functions that the device is not achieving or achieving unsatisfactorily to the consumer, and need not be in technical language or attempt to state the cause of the problem;(2) Does not refuse to make the device available to the manufacturer or dealer for repair; and(3) The problem indicated by the consumer's communication constitutes, or is caused by, a nonconformity.(c) It shall be presumed that the consumer has made the device available to the manufacturer or dealer for repair if he or she allows the manufacturer or dealer to take it from the consumer's home or other location where the user customarily uses the device. The consumer shall be required to deliver the device to another location only upon a showing that it would be a substantially greater hardship for the manufacturer and dealer to take the device from the consumer's home, or other location where the user customarily uses the device, than for the consumer to deliver the device.(d) Whether or not the rights of the consumer provided by § 6-45-5(a) have arisen, and in addition to the remedies relating to collateral costs provided by this chapter, a person who is under an obligation to repair pursuant to this section is obliged immediately to provide the consumer a loaner if the absence of a loaner would be a threat to the safety of the user, but in any event when the out-of-service period exceeds seven (7) days as determined by § 6-45-4(b) and (c).History of Section.P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32.
RI Gen L § 6-45-4 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-45 - Consumer Enforcement of Assistive Technology Device Warranties|Section 6-45-4 - Reasonable number of attempts to repair.

§ 6-45-4. Reasonable number of attempts to repair.(a) A "reasonable number of attempts to repair" an assistive technology device with a nonconformity means the occurrence of one or both of the following:(1) The same nonconformity that is first reported during Term A is subject to repair two (2) or more times during Term B; or(2) The device is out-of-service for an aggregate of thirty (30) or more calendar days during Term A because of one or more nonconformities.(b) For purposes of counting the days for which a device is out-of-service because of one or more nonconformities, an out-of-service period shall begin with and include the day that is the later of:(1) The day the nonconformity first appears; or(2) The business day prior to the day on which the consumer first reports the nonconformity to the manufacturer of the device or its authorized dealer.(c) For purposes of counting the days for which a device is out-of-service because of one or more nonconformities, an out-of-service period shall end with and include the day on which the device is returned after repair, and is then free of nonconformities, to the possession of the consumer, unless this return is made by 10:00 a.m. of that day in which case the out-of-service period shall end with and include the previous day.(d) In the event an out-of-service period has commenced during Term A, then for purposes of subsection (a)(2), Term A shall continue until the end of this out-of-service period.History of Section.P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32.
RI Gen L § 6-45-6 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-45 - Consumer Enforcement of Assistive Technology Device Warranties|Section 6-45-6 - Nonconformity disclosure requirement.

§ 6-45-6. Nonconformity disclosure requirement.(a) No assistive technology device returned by a consumer in this state or any other state by reason of problems with its performance, fitness, quality, or functioning may be sold or leased again in this state unless full written disclosure is made to any prospective buyer or lessor of any return, including the date, reasons for the return, and the history of attempts to repair.(b) If a sale or lease is made of an assistive technology device in violation of subsection (a) of this section, a consumer who bought or took the lease of the device shall have the rights of a consumer of a new assistive technology device provided by § 6-45-5(a), without regard to whether there is a nonconformity or to whether there has been a reasonable number of attempts to repair, except that if the consumer chooses the refund option described in § 6-45-5(a)(1), there shall be no deduction from the full purchase price in calculating the refund under that paragraph. The rights described in this paragraph run against the person who last sold or transferred the device to any other person, whether or not a consumer, with knowledge of the previous return of the device, without providing the disclosure required by the preceding paragraph. These rights may be declared and exercised by the consumer at any time within two (2) years after he or she knows of the previous return and the person against whom the rights run.History of Section.P.L. 1995, ch. 222, § 1.
RI Gen L § 6-45-7 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-45 - Consumer Enforcement of Assistive Technology Device Warranties|Section 6-45-7 - Remedies.

§ 6-45-7. Remedies.(a) In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of this chapter, plus taxable costs and reasonable attorneys' fees. For a violation of any of the obligations provided by § 6-45-5(a), whether relative to a refund as described in § 6-45-5(a)(1) or to a replacement as described in § 6-45-5(a)(2), the court shall award damages equal to the greater of:(1) Actual damages; or(2) The sum of:(i) Two (2) times the amount obtained as:(A) The amount that should have been refunded under § 6-45-5(a)(1) or that should have been refunded under § 6-45-5(a)(1) had the consumer chosen that option; minus(B) The amount that was actually refunded, if any; minus(C) The amount, if any, of the difference between the amounts described in clauses (A) and (B) that was attributable to a good faith dispute by the manufacturer as to:(I) The amount of collateral costs; or(II) The length of a useful life greater than five (5) years in calculating the reasonable allowance for use under § 6-45-5(c) and 6-45-5(d); and(ii) The amount described in subsection (a)(2)(i)(C) of this section.(b) Actual damages caused by a violation of this chapter shall include collateral costs, beginning at the time of the violation, whether or not the consumer acquired the rights provided by § 6-45-5(a).(c) The remedies of a buyer or lessee described in §§ 6A-2-715 or 6A-2.1-520, with respect to an assistive technology device, shall not be excluded or limited.(d) The rights and remedies provided to the consumer by this chapter shall be in addition to those available under any other law.(e) Any waiver by a consumer of rights under this chapter is void.History of Section.P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32.
RI Gen L § 6-46-1 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-46 - Equipment Dealerships|Section 6-46-1 - Short title.

§ 6-46-1. Short title.This chapter shall be known and may be cited as the "Rhode Island Equipment Dealership Act".History of Section.P.L. 1998, ch. 408, § 1.
RI Gen L § 6-46-2 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-46 - Equipment Dealerships|Section 6-46-2 - Definitions.

§ 6-46-2. Definitions.For the purposes of this chapter, the terms defined in this section have the following meanings:(1) "Current net price" means the price listed in the supplier's price list or catalog in effect at the time the dealer agreement is terminated, less any applicable discounts allowed.(2) "Dealer" means a person, corporation, or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, industrial or construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories, and repair parts. The term "dealer" shall not include a single-line dealer primarily engaged in the retail sale and service of industrial, forestry, and construction equipment.(3) "Dealer agreement" means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer, or distributor by which the dealer is granted the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol.(4) "Inventory" means farm, utility, forestry, industrial or construction equipment, implements, machinery, yard and garden equipment, attachments, or repair parts.(5) "Net cost" means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location. In the event of termination of a dealer agreement by the supplier, "net cost" includes the reasonable cost of assembly and/or disassembly performed by a dealer.(6) "Single-line dealer" means a person, partnership, or corporation who or that:(i) Has purchased seventy-five percent (75%) or more of the dealer's total new product inventory from a single supplier; and(ii) Who has a total annual average sales volume for the previous three (3) years in excess of twenty million dollars ($20,000,000) for the entire territory for which the dealer is responsible.(7) "Supplier" means a wholesaler, manufacturer, or distributor of inventory who enters into a dealer agreement with a dealer.(8) "Termination" of a dealer agreement means the cancellation, non-renewal, or non-continuance of the agreement.History of Section.P.L. 1998, ch. 408, § 1; P.L. 2014, ch. 528, § 33.
RI Gen L § 6-46-3 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-46 - Equipment Dealerships|Section 6-46-3 - Notice of termination of dealer agreements.

§ 6-46-3. Notice of termination of dealer agreements.(a) Notwithstanding any agreement to the contrary, prior to the termination of a dealer agreement, a supplier shall notify the dealer of the termination not less than one hundred twenty (120) days prior to the effective date of the termination. No supplier may terminate, cancel, or fail to renew a dealer agreement without cause. For purposes of this subsection "cause" means failure by an equipment dealer to comply with requirements imposed upon the equipment dealer by the dealer agreement, provided the requirements are not substantially different from those requirements imposed upon other similarly situated dealers in this state.(b) The supplier may immediately terminate the agreement at any time upon the occurrence of any of the following events:(1) The filing of a petition for bankruptcy or for receivership either by or against the dealer;(2) The making by the dealer of an intentional and material misrepresentation as to the dealer's financial status;(3) Any default by the dealer under a chattel mortgage or other security agreement between the dealer and the supplier;(4) The commencement of voluntary or involuntary dissolution or liquidation of the dealer if the dealer is a partnership or corporation;(5) A change in location of the dealer's principal place of business as provided in the agreement without the prior written approval of the supplier;(6) Withdrawal of an individual proprietor, partner, major shareholder, or the involuntary termination of the manager of the dealership, or a substantial reduction in the interest of a partner or major shareholder without the prior, written consent of the supplier.(c) Unless there is an agreement to the contrary, a dealer who intends to terminate a dealer agreement with a supplier shall notify the supplier of that intent not less than one hundred twenty (120) days prior to the effective date of the termination.(d) Notification required by either party under this section shall be in writing and shall be made by certified mail or by personal delivery and shall contain:(1) A statement of intention to terminate the dealer agreement;(2) A statement of the reasons for the termination; and(3) The date on which the termination shall be effective.History of Section.P.L. 1998, ch. 408, § 1; P.L. 2014, ch. 528, § 33.
RI Gen L § 6-46-4 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-46 - Equipment Dealerships|Section 6-46-4 - Supplier's duty to repurchase inventory.

§ 6-46-4. Supplier's duty to repurchase inventory.(a) Whenever a dealer enters into a dealer agreement under which the dealer agrees to maintain an inventory, and the agreement is terminated by either party as provided in this chapter, the supplier, upon written request of the dealer filed within thirty (30) days of the effective date of the termination, shall repurchase the dealer's inventory as provided in this chapter. There shall be no requirement for the supplier to repurchase inventory pursuant to this section if:(1) The dealer has made an intentional and material misrepresentation as to the dealer's financial status;(2) The dealer has defaulted under the chattel mortgage or other security agreement between the dealer and supplier; or(3) The dealer has filed a voluntary petition in bankruptcy.(b) Whenever a dealer enters into a dealer agreement in which the dealer agrees to maintain an inventory and the dealer or the majority stockholder of the dealer, if the dealer is a corporation, dies, or becomes incompetent, the supplier shall, at the option of the heir, personal representative, guardian of the dealer, or the person who succeeds to the stock of the majority stockholder, repurchase the inventory as if the agreement had been terminated. The heir, personal representative, guardian, or succeeding stockholder has six (6) months from the date of the death of the dealer or majority stockholder to exercise the option under this chapter.History of Section.P.L. 1998, ch. 408, § 1; P.L. 2014, ch. 528, § 33.
RI Gen L § 6-46-5 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-46 - Equipment Dealerships|Section 6-46-5 - Repurchase terms.

§ 6-46-5. Repurchase terms.(a) Within ninety (90) days from the receipt of the written request of the dealer, a supplier under the duty to repurchase inventory pursuant to this chapter may examine any books or records of the dealer to verify the eligibility of any item for repurchase. Except as otherwise provided in this chapter, the supplier shall repurchase from the dealer all inventory, required signage, special tools, books, supplies, data processing equipment, and software previously purchased from the supplier or other qualified vendor in the possession of the dealer on the date of termination of the dealer agreement.(b) The supplier shall pay the dealer:(1) One hundred percent (100%) of the net cost of all new and undamaged and complete farm and utility tractors, forestry equipment, light industrial equipment, farm implements, farm machinery, or yard and garden equipment purchased within the past thirty six (36) months from the supplier, less a reasonable allowance for deterioration attributable to weather conditions at the dealer's location;(2) Ninety percent (90%) of the current net prices of all new and undamaged repair parts;(3) Eighty-five percent (85%) of the current net price of all new and undamaged superseded repair parts;(4) Eighty-five percent (85%) of the latest available published net price of all new and undamaged non-current repair parts;(5) Either the fair market value or assume the lease responsibilities of any specific data processing hardware that the supplier required the equipment dealer to acquire or purchase to satisfy the reasonable requirements of the dealer agreement, including computer systems equipment required and approved by the supplier to communicate with the supplier;(6) Repurchase at seventy-five percent (75%) of the net cost specialized repair tools, signage, books, and supplies previously purchased pursuant to requirements of the supplier and held by the equipment dealer on the date of termination. Specialized repair tools must be unique to the supplier product line and must be complete and in usable condition; and(7) Repurchase, at average, as-is value shown in current industry guides, dealer-owned rental fleet financed by the supplier or its finance subsidiary.(c) The party that initiates the termination of the dealer agreement shall pay the cost of the return, handling, packing, and loading of this inventory.(d) Payment to the dealer required under this section shall be made by the supplier not later than forty-five (45) days after receipt of the inventory by the supplier. A penalty shall be assessed in the amount of two percent (2%) per day of any outstanding balance over the required forty-five (45) days. The supplier shall be entitled to apply any payment required under this section to be made to the dealer as a set-off against any amount owed by the dealer to the supplier.History of Section.P.L. 1998, ch. 408, § 1; P.L. 2014, ch. 528, § 33.
RI Gen L § 6-46-6 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-46 - Equipment Dealerships|Section 6-46-6 - Exceptions to repurchase requirement.

§ 6-46-6. Exceptions to repurchase requirement.The provisions of this chapter shall not require the repurchase from a dealer of:(1) A repair part with a limited storage life or otherwise subject to physical or structural deterioration including, but not limited to, gaskets or batteries;(2) A single repair part normally priced and sold in a set of two or more items;(3) A repair part that, because of its condition, cannot be marketed as a new part without repackaging or reconditioning by the supplier or manufacturer;(4) Any inventory that the dealer elects to retain;(5) Any inventory ordered by the dealer after receipt of notice of termination of the dealer agreement by either the dealer or supplier;(6) Any inventory that was acquired by the dealer from a source other than the supplier.History of Section.P.L. 1998, ch. 408, § 1; P.L. 2014, ch. 528, § 33.
RI Gen L § 6-46-7 (2021)
2021 Rhode Island General Laws|Title 6 - Commercial Law – General Regulatory Provisions|Chapter 6-46 - Equipment Dealerships|Section 6-46-7 - Transfer of business.

§ 6-46-7. Transfer of business.(a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer's business or transfer of the stock or other interest in the dealership whenever the dealer to be substituted meets the material and reasonable business and financial requirements of the supplier. Should a supplier determine that a proposed transferee does not meet these requirements, it shall give the dealer written notice stating the specific reasons for withholding consent. No prospective transferee may be disqualified to be a dealer because it is a publicly held corporation. A supplier shall have ninety (90) days to consider a dealer's request to make a transfer under this subsection.(b) No supplier shall unreasonably withhold consent to the transfer of the dealer's business to a member or members of the family of the dealer or the principal owner of the dealership if the family member meets the reasonable business ability, business experience, and character standards of the supplier, and if the transferee can demonstrate that the dealership will be adequately capitalized. Should a supplier determine that the designated family member does not meet those requirements, the supplier shall provide the dealer with written notice of the supplier's objection and specific reasons for withholding its consent. As used in this subsection, "family" means and includes the spouse, parent, siblings, children, stepchildren, and lineal descendants, including those by adoption of the dealer or principal owner of the dealership.(c) In any dispute as to whether a supplier has denied consent in violation of this section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.History of Section.P.L. 1998, ch. 408, § 1; P.L. 2014, ch. 528, § 33.