1. (a) As used in this chapter, "nonconformity" means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components.

2. (b) The term does not include a condition or defect of the assistive device that:

   1. (1) is the result of:

      1. (A) abuse, misuse, or neglect by a consumer;
      2. (B) modifications or alterations not authorized by the manufacturer;
      3. (C) normal wear, including accumulation of ear wax, perspiration, or moisture;
      4. (D) normal use that may be resolved through a fitting adjustment, routine maintenance, preventative maintenance, or proper care; or
      5. (E) a consumer's failure to follow any manufacturer's written service and maintenance guidelines furnished at the time of purchase; or

   2. (2) indicates the need for:

      1. (A) routine adjustment, modification, or upgrade; or

      2. (B) an adjustment:

         1. (i) due to an exacerbation in the condition of the individual with a disability; or
         2. (ii) to improve the fit of the assistive device.

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