{"data":{"id":"us-ky/krs-151b.315","jurisdiction":"us-ky","citation":"KRS 151B.315","heading":"Manufacturer's duty when nonconformity is not repaired after","body":"reasonable attempt -- Lease value -- Allowance for use.\n(1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the\nmanufacturer shall carry out, at the option of t he consumer, the requirements under\nparagraph (a) or (b) of this subsection.\n(a) To provide for refunds, at the request of the consumer, the manufacturer shall\ndo one (1) of the following:\n1. Accept return of the assistive device and refund to the consumer  and to\nany holder of a perfected security interest in the consumer's assistive\ndevice, as the interest may appear, the full purchase price including any\nfinance charge paid by the consumer at the point of sale, plus collateral\ncosts, less a reasonable all owance for use, except that in the case of\nhearing aids, the manufacturer's invoice price shall be refunded; or\n2. Accept return of the assistive device, refund to the assistive device lessor\nand to any holder of a perfected security interest in the assist ive device,\nas the interest may appear, the current value of the written lease and\nrefund to the consumer the amount that the consumer paid under the\nwritten lease plus collateral costs, less a reasonable allowance for use.\n(b) To receive a comparable new assistive device to that having the\nnonconformity or a refund, the consumer shall offer to transfer possession of\nthe nonconforming assistive device to its manufacturer. No later than thirty\n(30) days after that offer, the manufacturer shall provide the co nsumer with\nthe comparable assistive device or a refund. When the manufacturer provides\nthe comparable new assistive device or the refund, the consumer shall return\nthe assistive device having the nonconformity to the manufacturer, along with\nany endorsements necessary to transfer legal possession to the manufacturer.\n(2) If, after a reasonable attempt to repair, the nonconformity is not repaired, an\nassistive device lessor shall receive a refund from the manufacturer. To receive a\nrefund, the assistive dev ice lessor shall offer to transfer possession of a\nnonconforming assistive device to its manufacturer. No later than thirty (30) days\nafter that offer, the manufacturer shall provide the refund to the assistive device\nlessor. When the manufacturer provides  the refund, the assistive device lessor shall\nprovide to the manufacturer any endorsements necessary to transfer legal possession\nto the manufacturer.\n(3) Under this section, the current value of the written lease equals the total amount for\nwhich that le ase obligates the consumer during the period of the lease remaining\nafter its early termination, plus the assistive device dealer's early termination costs\nand the value of the assistive device at the lease expiration date, if the lease sets\nforth that value, less the assistive device lessor's early termination savings.\n(4) Under this section, a reasonable allowance for use may not exceed the amount\nobtained by multiplying the total amount paid by the consumer under a purchase or\nfor which the consumer is o bligated under a written lease by a fraction, the\ndenominator of which is one thousand eight hundred twenty -five (1,825), which is\nthe number of days in a five (5) year period, and the numerator of which is the\nnumber of days that the consumer used the assistive device before first reporting the\nnonconformity to the manufacturer, assistive device lessor, or assistive device\ndealer.\n(5) No person may enforce the lease against the consumer after the consumer receives a\nrefund.","path":["KRS Chapter 151B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=2237","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:47Z","sha256":"2901d20e44b4307c3671a207de92e205676dbf5198f9340d99cc25af548e4cff","source_id":"us-ky","stale":false,"prev":"us-ky/krs-151b.310","next":"us-ky/krs-151b.320"},"notice":"GroundRules: Original legal text. Not legal advice."}