If, after reasonable attempt to repair, a nonconformity is not repaired, the consumer must return the assistive device to the dealer and the manufacturer shall do either of the following:

1. (1) Do both of the following:

   1. (A) Accept return of the nonconforming assistive device.

   2. (B) Not later than fourteen (14) days after return of the assistive device, refund to the consumer or consumers:

      1. (i) the full purchase price of the assistive device, excluding the cost of services associated with the device's initial purchase, together with reasonable collateral costs, less a reasonable allowance for use; or

      2. (ii) if the device was leased, all lease payments made through the date of return together with a proportional share of any required deposit.

         A refund of the amounts described in this clause to a consumer or consumers shall be made to the extent of each consumer's bearing the initial purchase or lease cost and bearing of any collateral costs.

2. (2) Accept return of the nonconforming assistive device and replace the nonconforming assistive device with one (1) of comparable market value, function, and usefulness as appropriate to the consumer within thirty (30) business days of the return, not including, in the case of a hearing aid, scheduling time for professional fitting and dispensing.

As added by P.L.85-1999, SEC.1.