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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 45. Trade Practices
- Section 620. Returns of Nonrepairable Goods; Refunds.
previous:
Section 610. Repairs of Nonconformities.
next:
Section 630. Procedures For Returns and Refunds.
AS 45.45.620. Returns of Nonrepairable Goods; Refunds.
If, after a reasonable attempt to repair, the nonconformity reported under AS 45.45.610
is not repaired, the manufacturer shall
- (1) at the direction of a consumer who has not leased the assistive technology device or the mobility aid from a dealer,
do one of the following:
- (A) accept return of the assistive technology device or mobility aid and replace the assistive technology device or
mobility aid with a comparable new assistive technology device or mobility aid and, within 30 days, refund any
collateral costs;
- (B) accept return of the assistive technology device or mobility aid and, within 30 days, refund to the consumer and to a
holder of a perfected security interest in the consumer's assistive technology device or mobility aid, as their
interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale,
and collateral costs, less a reasonable allowance for use; a reasonable allowance for use may not exceed the amount
obtained by multiplying the full purchase price of the assistive technology device or mobility aid by a fraction, the
denominator of which is 1,825 and the numerator of which is the number of days that the assistive technology device or
mobility aid was used before the consumer first reported the nonconformity to the dealer;
- (2) with respect to a consumer who has leased the assistive technology device or mobility aid from a dealer, accept return
of the assistive technology device or mobility aid, refund to the lessor and to a holder of a perfected security
interest in the assistive technology device or mobility aid, as their interest may appear, the current value of the
written lease, and refund to the consumer the amount that the consumer paid under the written lease plus any collateral
costs, less a reasonable allowance for use; in this paragraph,
- (A) the current value of the written lease equals the total amount for which that lease obligates the consumer during the
period of the lease remaining after its early termination, plus the dealer's early termination costs and the value of
the assistive technology device or mobility aid at the lease expiration date if the lease sets out that value, less the
lessor's early termination savings;
- (B) a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the
written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the
number of days that the consumer used the assistive technology device or mobility aid before first reporting the
nonconformity to the manufacturer, lessor, or dealer.
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