{"data":{"id":"us-nj/n.j.-stat.-56-12-78","jurisdiction":"us-nj","citation":"N.J. Stat. § 56:12-78","heading":"Manufacturer's responsibility if nonconformity is irreparable","body":"4. \tIf, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall:\na. \tAt the direction of a consumer, other than a consumer who leases a motorized wheelchair from a motorized wheelchair dealer, do either of the following:\n(1) \tAccept return of the motorized wheelchair and replace the motorized wheelchair with a comparable new motorized wheelchair and refund any collateral costs; or\n(2) \tAccept return of the motorized wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer's motorized wheelchair, 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.\nb. \tWith respect only to a consumer who has leased a motorized wheelchair from a wheelchair lessor, accept return of the motorized wheelchair, refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, 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.\nc. \tAs used in this section, 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 motorized wheelchair dealer's early termination costs and the value of the motorized wheelchair at the lease expiration date, if the lease sets forth that value, less the motorized wheelchair lessor's early termination savings.\nd. \tPursuant to this section, 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 drove the motorized wheelchair before first reporting the nonconformity to the manufacturer, motorized wheelchair lessor or motorized wheelchair dealer.\nL.1995,c.233,s.4.","path":["TITLE 56 TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"ae96f7b664d4a738f5e7e5b652f23bd462960af0cf3110e1ed9805d6b9fb7bfc","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-56-12-77","next":"us-nj/n.j.-stat.-56-12-79"},"notice":"GroundRules: Original legal text. Not legal advice."}