Washington Administrative Code › Title 246 - Health, Department of › PROFESSIONAL STANDARDS AND LICENSING › Chapter 246-828 - Hearing and speech › Section 246-828-290 - Purchaser rescission rights and right to notice of hearing assistive technologies

Current through Register Vol. 24-14, July 15, 2024
In addition to the receipt and disclosure information
				  required by
				  RCW
				  18.35.030,
				  18.35.185,
				  63.14.040
				  and
				  63.14.120,
				  every retail agreement for the sale of hearing instruments must contain or have
				  attached the following notice to buyer in twelve point font or larger. The
				  language in part 1 under "Notice to Buyer" is intended to have the same legal
				  effect as the notices required in
				  RCW
				  63.14.040(2) and
				  63.14.120(3)
				  and may be substituted for those notices.
The rights summarized in the "Notice to Buyer" must be made
				  known to the purchaser before the contract is executed. The licensee must
				  provide this "Notice to Buyer" in writing to the purchaser. The purchaser must
				  acknowledge receipt of the "Notice to Buyer" by signing his or her name in the
				  designated space following the "Notice to Buyer."
Notice to Buyer
NOTICE TO BUYER UNDER WASHINGTON STATE LAW CHAPTER 18.35
				  RCW
Do not sign this agreement before you read it or if any
				  spaces intended for the agreed terms are blank. You are entitled to receive a
				  copy of this agreement at the time you sign it. The seller's business address
				  must be shown on the agreement.
Section 1 CANCELLATION - WITHIN THREE DAYS
You may cancel this agreement within three days, without
				  explaining your reasons, if the seller solicited it in person and you signed it
				  at a place other than the seller's business address.
To cancel this agreement without explaining your reasons, you
				  must notify the seller in writing that you are canceling the agreement. You may
				  deliver the written notice to the seller at the seller's business address.
				  Alternatively, you may send the written notice by certified mail, return
				  receipt requested, to the seller at the seller's business address.
Your written notice must be postmarked or delivered by
				  midnight of the third business day after you signed this agreement.
Any merchandise you received under this agreement must be in
				  its original condition. You must return it to the seller's business address or
				  make it available to the seller at the same place it was delivered to
				  you.
The seller must refund to you all deposits, including any
				  down payment, and must return to you all goods traded in as part of the
				  agreement.
You will incur no additional liability for canceling the
				  agreement.
Section 2 RESCISSION - WITHIN THIRTY DAYS
You may rescind (or terminate) the agreement within thirty
				  days, for reasonable cause. This thirty-day period is called the "rescission
				  period."
To rescind this agreement, you must notify the seller in
				  writing that you are rescinding the agreement for reasonable cause pursuant to
				  RCW
				  18.35.185(1). (Reasonable
				  cause does not include cosmetic concerns or a mere change of mind.) You may
				  deliver the written notice to the seller at the seller's business address.
				  Alternatively, you may send the written notice by certified mail, return
				  receipt requested, to the seller at the seller's business address.
Your written notice must be postmarked or delivered by
				  midnight of the thirtieth day after delivery of the hearing instrument.
Any merchandise you received under this agreement must be in
				  its original condition, except for normal wear and tear. You must return it to
				  the seller's business address or make it available to the seller at the same
				  place it was delivered to you.
The seller must refund to you all deposits, including any
				  down payment, and must return to you all goods traded in as part of the
				  agreement. However, for each hearing instrument you return, the seller may keep
				  either one hundred fifty dollars or fifteen percent of the total purchase
				  price, whichever is less, plus the price originally charged for custom-made
				  ear-molds.
The seller must refund your money and return your traded
				  goods, or have them postmarked and in the mail to you, within ten business days
				  after receiving your notice of rescission.
You will incur no additional liability for rescinding the
				  agreement.
Section 3 EXTENSION OF RESCISSION PERIOD
If you notify the seller within the thirty-day rescission
				  period that your hearing instrument has developed a problem that constitutes
				  reasonable cause to rescind the agreement or that prevents you from evaluating
				  your hearing instrument, the seller must extend the rescission period. The
				  rescission period stops running on the date you notify the seller of the
				  problem and starts running again on the date the seller notifies you that your
				  hearing instrument is ready for redelivery.
You and the seller may agree to a rescission period longer
				  than thirty days.
Whenever the rescission period is extended, the seller must
				  provide you written notice of the last date upon which you may demand a refund
				  and return of traded goods.
Section 4 NOTICE OF HEARING ASSISTIVE
				  TECHNOLOGIES
Prior to initial fitting and purchase you must be informed,
				  both orally and in writing, about the uses, benefits, and limitations of
				  current hearing assistive technologies. Hearing assistive technologies can
				  supplement your hearing instrument and increase the intelligibility and clarity
				  of speech in environments where hearing instruments alone may not provide
				  optimal comprehension. Hearing assistive technology options can enable hearing
				  instruments to connect with phones, computers, electronic sound sources, and
				  assis-tive listening systems, including the assistive listening systems,
				  compliant with the Americans with Disabilities Act.
I am aware that the hearing instrument(s) referenced in this
				  document include (please select all that apply):
___________Telecoil
___________Bluetooth
___________Other technology (specify)___________
By signing this receipt, you acknowledge that you have been
				  informed of your rescission rights and your rights under Section 4 of this
				  section, to receive oral and written information about hearing assistive
				  technologies and that you have read and understand these rights.
___________
Signature of Purchaser
___________
Date
___________
Signature of Seller
___________
Date
___________
Delivery Acknowledgment - Signature of Date Purchaser
___________
Statutory Authority:
					 RCW
					 18.35.161. 04-02-068, § 246-828-290,
					 filed 1/7/04, effective 2/7/04; 02-14-052, § 246-828-290, filed 6/27/02,
					 effective 7/28/02. Statutory Authority:
					 RCW
					 18.35.161 and
					 18.35.185(2).
					 99-08-103, § 246-828-290, filed 4/6/99, effective 7/5/99. Statutory
					 Authority:
					 RCW
					 18.35.161. 91-11-031 (Order 165B), recodified
					 as § 246-828-290, filed 5/8/91, effective 6/8/91; 86-09-064 (Order PL 586
					 ), § 308-50-330, filed 4/17/86; Order PL 190, § 308-50-330, filed
					 5/23/75; Order PL 159, § 308-50-330, filed
					 2/8/74.