2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 31 - Assistive Devices › Section 37-31-1 - Definition of terms.

37-31-1. Definition of terms.
Terms used in this chapter mean:
(1)"Assistive device," any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity, including manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual; hearing aids, telephone communication devices (TTY), assistive listening devices, and other aids that enhance an individual's ability to hear; voice synthesized computer modules, optical scanners, talking software, Braille printers, and other devices that enhance an individual's ability to communicate; and breathing, feeding, or any other assistive devices that enable a person with a disability to perform other major life activities, communicate, see, hear, or maneuver;
(2)"Assistive device dealer," a person who is in the business of selling assistive devices;
(3)"Assistive device lessor," a person who leases an assistive device to a consumer or who holds the lessor's rights under a written lease;
(4)"Collateral costs," expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device;
(5)"Consumer," any of the following:
(a)The purchaser of an assistive device if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;
(b)A person to whom an assistive device is transferred for purposes other than resale if the transfer occurs before the expiration of an express warranty applicable to the assistive device;
(c)A person who may enforce the warranty; and
(d)A person who leases an assistive device from an assistive device lessor under a written lease;
(6)"Demonstrator," an assistive device used primarily for the purpose of demonstration to the public;
(7)"Early termination costs," any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set in that lease and the return of an assistive device to a manufacturer pursuant to this chapter. Early termination costs include a penalty for prepayment under a finance arrangement;
(8)"Early termination savings," any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set in that lease and the return of an assistive device to a manufacturer pursuant to this chapter. Early termination savings include an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, 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;
(8A)"Major life activity," a function such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;
(9)"Manufacturer," a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but not an assistive device dealer;
(10)"Nonconformity," a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, but not a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer;
(11)"Reasonable attempt to repair," either or both of the following occurring within the term of an express warranty applicable to a new assistive device or within one year after first delivery of the assistive device to a consumer, whichever is sooner;
(a)The same nonconformity is subject to repair at least twice by the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers;
(b)The assistive device is out of service for at least thirty cumulative days because of a nonconformity;
(12)"Express warranty," an express warranty as determined under §57A-2-313.
Source:
SL 1996, ch 242, §1.