{"data":{"id":"us-ky/krs-334.210","jurisdiction":"us-ky","citation":"KRS 334.210","heading":"Client's right to cancel -- Procedure.","body":"(1) The client in a hearing instrument purchase, has the right to cancel the purchase for\nany reason at any time prior to midnight of the thirtieth calendar day after actual\nreceipt of the hearing instrument.\n(2) Cancellation occurs when the client gives writt en notice of cancellation to the seller\nat the address stated in the notice and statement of the client's right to cancel\nprovided for in subsection (5) of this section.\n(3) Notice of cancellation, if given by mail, is given when it is deposited in the mai l\nproperly addressed and postage prepaid.\n(4) Notice of cancellation given by the client need not take a particular form and is\nsufficient if it indicates by a form of written expression the intention of the client\nnot to be bound by the hearing instrument sale.\n(5) In the sale of a hearing instrument, the seller shall present to each client, at the time\nthe client assumes any financial obligation with respect to the purchase of a hearing\ninstrument, a written notice and statement of the client's right to cancel which shall:\n(a) Appear under the conspicuous caption; \"CLIENT'S RIGHT TO CANCEL\nWITHIN 30 DAYS,\" and\n(b) Contain the following specific statement in all capital letters in no smaller\ntype than the largest used in the body copy portion of the written  agreement,\noffer to purchase, or receipt: \"THE CLIENT HAS THE RIGHT TO CANCEL\nTHIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO\nMIDNIGHT OF THE 30TH CALENDAR DAY AFTER ACTUAL RECEIPT\nOF THE HEARING INSTRUMENT(S). YOU MAY CANCEL THE\nPURCHASE BY NOTIFYING THE SELLER THAT YOU DO NOT WANT\nTHE HEARING INSTRUMENT(S) BY MAILING A NOTICE BEFORE\n................ TO THE SELLER AT: ............................................................. .\nUPON CANCELLATION, THE SELLER MAY KEEP UP TO 10% OF THE\nSELLING PRICE.\"\n(6) The seller shall enter on the notice and statement required by subsection (5) of this\nsection the date which is thirty (30) calendar days from the date on which the client\nreceives the hearing instrument(s); the seller's full name and address; and the\ncancellation charges allowed by this section.\n(7) Until the seller has complied with this section, the client may cancel the purchase by\nnotifying the seller in any manner and by any means of his intention to cancel.\n(8) Within fifteen (15) days after the r eturn of the hearing instrument or instruments\nand any other goods or property delivered by the seller pursuant to the sale by the\nclient, the seller shall tender to the client any payments made by the client, less any\namount retained by the seller to repa ir damage to the hearing instrument due to a\nlack of reasonable care of the hearing instrument purchased, and terminate all\nfinancial obligations created in connection with the purchase of the canceled\nhearing instrument or instruments by the client.\n(9) If payment by the client includes any goods or property traded in, the goods or\nproperty shall be tendered to the client in substantially as good condition as when\nthey were received by the seller. If the seller fails to tender the goods or property as\nprovided by this subsection, the client may elect to recover an amount equal to the\ntrade-in allowance for the goods or property.\n(10) The provisions of this section shall not apply to a sale of a hearing instrument that\nreplaces a damaged or unworkable hearin g instrument, when the replacement\nhearing instrument is identical to the damaged or unworkable hearing instrument.\n(11) Until the seller has complied with the obligations imposed by this section, the client\nmay retain possession of all goods or property delivered to him by the seller and has\na lien on the goods or property in his possession or control for any recovery to\nwhich he is entitled.\n(12) The client has a duty to take reasonable care of the goods, as defined by the board\nby promulgation of an admi nistrative regulation, in his possession before\ncancellation and for a reasonable time thereafter until delivered to the seller.\n(13) Any waiver by the client of rights provided in this section is vo id, and shall not\noperate to relieve the seller of any obligation placed upon him by this section.\n(14) Nothing in this section shall in any way limit the right to cancel home solicitation\nsales, pursuant to KRS 367.410 to 367.460.","path":["KRS Chapter 334"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=31888","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:23Z","sha256":"439e9bddc1369307181a23779fceede3fddf1d79685d367e3eda24aac90a21e1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-334.200","next":"us-ky/krs-334.990"},"notice":"GroundRules: Original legal text. Not legal advice."}