IC 24-5-20-8: "Nonconformity" defined

Sec. 8. (a) As used in this chapter, "nonconformity" means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components.

(b) The term does not include a condition or defect of the assistive device that:

(1) is the result of:

(A) abuse, misuse, or neglect by a consumer;

(B) modifications or alterations not authorized by the manufacturer;

(C) normal wear, including accumulation of ear wax, perspiration, or moisture;

(D) normal use that may be resolved through a fitting adjustment, routine maintenance, preventative maintenance, or proper care; or

(E) a consumer's failure to follow any manufacturer's written service and maintenance guidelines furnished at the time of purchase; or

(2) indicates the need for:

(A) routine adjustment, modification, or upgrade; or

(B) an adjustment:

(i) due to an exacerbation in the condition of the individual with a disability; or

(ii) to improve the fit of the assistive device.