West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-12 - Right to Rescind Purchase Agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Each person supplied with a
				hearing aid by a licensed hearing aid dealer shall have the right to
				return the hearing aid to the dealer within thirty (30) calendar days
				of receipt and rescind the purchase agreement if the hearing aid does
				not function properly, cannot be adjusted to satisfactorily
				compensate for the deficiency in the person's hearing, or the person
				is otherwise dissatisfied with the hearing aid.
12.2. The sales receipt shall
				contain the following wording in type not smaller than that used in
				the body of the purchase agreement: " You have the right to return
				the hearing aid to the dealer from whom it was purchased at any time
				within thirty (30) days after receipt of the aid and rescind the
				purchase agreement except for reasonable fitting and examination
				charges ($125.00 maximum fitting charge), if the aid does not
				function properly or cannot be adjusted to correct the deficiency in
				your hearing or is otherwise unsatisfactory. The aid so returned must
				be without damage."
12.3. In the event that the
				prospective purchaser of a hearing aid exercises his or her right to
				rescind the purchase agreement, the fee to be charged for the
				cancellation shall not exceed one hundred twenty-five dollars
				($125.00) per hearing aid provided. This fee shall include all
				services performed by the dealer and all materials used in the
				fitting including the fee for the examination, fitting, training, use
				of the hearing aid (s), the cost of the ear molds(s) if required, and
				any batteries provided.
12.4. Hearing aid dealers are
				required to provide at least one thirty (30) calendar day extension
				of the right to rescind the purchase agreement so long as the
				consumer alerts the hearing aid dealer of the hearing aids
				deficiencies within the first thirty (30) days of purchase and the
				hearing aid dealer makes an adjustment or advises the consumer to
				continue using the aid.
12.5. For purposes of computing the
				thirty (30) calendar day extension to rescind the purchase agreement,
				the last visit or communication the customer made to the hearing aid
				dealers within the original thirty (30) day right to rescind period
				shall constitute the first day of the thirty (30) day extension.
12.6. Unless the
				purchase agreement provides otherwise, further adjustments or
				advertisements to continue wearing the hearing aid made within the
				thirty (30) day extension period will not constitute a new beginning
				of another thirty(30) day extension period for the consumer to
				rescind the purchase agreement.
12.7. The hearing aid dealer or
				fitter may elect to meet the return privilege by renting or leasing
				the aid to the prospective customer. If the dealer so elects, the
				rental or leasing agreement shall have a fee not to exceed one
				hundred twenty-five dollars ($125.00) per hearing aid and the
				agreement shall specify that the prospective buyer may rescind the
				rental or lease agreement at any time by returning the hearing aid in
				good condition and that he or she shall incur no further costs by
				returning the hearing aid.