SB437 Alabama 2012 Session

Summary

Primary Sponsor

Roger Bedford, Jr.

Democrat

Session

Regular Session 2012

Title

Warranties, New Assistive Devices Warranty Act, remedies

Summary

SB437 creates the New Assistive Devices Warranty Act to require warranties, repairs, and refunds or replacements for assistive devices that don’t work as promised.

What This Bill Does

If an assistive device with an express warranty has a nonconformity, the seller or lessor must report it and allow repair within the warranty period. If the nonconformity isn’t fixed after a reasonable repair attempt, the manufacturer must provide a refund or a replacement device, with specific refund calculations for purchased or leased devices, and a comparable new device may be provided within 30 days. The act also sets the timeframe for legal action, allows damages, and confirms that other rights are not limited by this law.

Who It Affects

• Consumers who buy or lease assistive devices (including government entities acting on behalf of individuals) gain rights to repair, refund, or replacement when a device is nonconforming.
• Manufacturers, assistive device dealers, and assistive device lessors are obliged to repair nonconformities and provide refunds or replacements, and may be involved in reimbursements and endorsements to transfer possession.

Key Provisions

• Defines key terms: assistive device, dealer, lessor, collateral costs, consumer, and demonstrator.
• Requires repair of nonconformities after notification within the express warranty period and continued repair attempts if needed.
• If unrepaired, requires refund or replacement: full purchase price plus related costs minus use for purchased devices; current lease value plus amounts paid under lease minus use for leased devices; and a comparable new device within 30 days if chosen.
• For leased devices, the manufacturer may seek reimbursement from dealers or lessors for amounts paid beyond net price received.
• Protects consumer rights: act does not limit other laws; waivers are void; allows a civil action within one year with capped damages and attorney fees plus possible equitable relief.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Warranties