2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 15 - CONSUMER RIGHT TO REPAIR (§§ 6-1-1501 — 6-1-1505) › Section 6-1-1503 - [Effective Until 1/1/2026] Equipment manufacturer obligations regarding services - exemptions

(1)
Except as provided in subsection (2) of this section:
(a)
For the purpose of providing services for equipment in the state, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer's equipment any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data that are intended for use with the equipment or any part, including updates to documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data.
(b)
With respect to equipment that contains an electronic security lock or other security-related function, a manufacturer shall, with fair and reasonable terms and costs, make available to independent repair providers and owners any documentation, parts, embedded software, embedded software for Agricultural equipment, firmware, tools, or, with owner authorization, data needed to reset the lock or function when disabled in the course of providing services. The manufacturer may make the documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data available to independent repair providers and owners through appropriate secure release systems.
(2)
(a)
Subsection (1) of this section does not apply to:
(I)
A part that is no longer available to the original equipment manufacturer; and
(II)
Conduct that would require the original equipment manufacturer of Digital electronic equipment, agricultural equipment, or powered wheelchairs to divulge a trade secret; except that a manufacturer shall not refuse to make available to an independent repair provider or owner any documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data necessary to provide services on grounds that the documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data itself is a trade secret.
(b)
(I)
A manufacturer may redact documentation to remove trade secrets from the documentation before providing access to the documentation if the usability of the redacted documentation for the purpose of providing services is not diminished.
(ii)
a manufacturer may withhold information regarding a component of, design of, functionality of, or process of developing a part, embedded software, Embedded software for agricultural equipment, firmware, or a tool if the information is a trade secret and the usability of the part, embedded software, embedded software for Agricultural equipment, firmware, or tool for the purpose of providing services is not diminished.
(3)
Neither an original equipment manufacturer nor an equipment dealer is liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause:
(a)
Damage to powered wheelchairs or agricultural equipment that occurs during such repairs;
(b)
Any indirect, incidental, special, or consequential damages; or
(c)
An inability to use, or a reduced functionality of, a powered wheelchair or piece of agricultural equipment resulting from the faulty or otherwise improper repair.
(4)
A manufacturer that provides data to an independent repair provider in compliance with this part 15 is neither responsible nor liable to the owner, the independent repair provider, or another party for any action that the independent repair provider or another party takes while using or relying on the data.
Amended by 2023 Ch. 107,§ 3, eff. 1/1/2024.
Added by 2022 Ch. 327, § 2, eff. 1/1/2023.
2023 Ch. 107, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.