KRS 151B.325: Manufacturer's duty to provide substitute assistive device or rental

reimbursement during warranty repair -- Conditions.

(1) Whenever an assistive device covered by a manufacturer's express warranty is

tendered by a consumer to the dealer from whom it was purchased or exchanged for

the repair of a defect, malfunction, or nonconformity to which the warranty is

applicable, and at least one (1) of the following conditions exists, the manufacturer

shall provide directly to the consumer for the duration of the repair period, a

comparable replacement assistive device or a rental assistive device reimbursement

to pay for the cost incurred by the consumer for renting a comparable replacement

assistive device. The applicable conditions are as follows:

(a) The repair period exceeds ten (10) working days, including the day on which

the device is tendered to the dealer for repair; or

(b) The defect, malfunction, or nonconformity is the same one for which the

assistive device has been tendered to the dealer for repa ir on at least two (2)

previous occasions.

(2) This section applies for the period of the manufacturer's express warranty or the

period prescribed in KRS 151B.305(2), whichever is greater, whether or not the

repairs extend beyond that period.