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As used in this part, the following definitions apply:
(1) “Collateral costs” mean the expenses incurred by a consumer for the repair of a nonconformity, including the costs of obtaining an alternative wheelchair.
(2) “Consumer” means a person:
(a) who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;
(b) to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;
(c) who may enforce the warranty; or
(d) who leases a wheelchair from a wheelchair lessor under a written lease.
(3) “Manufacturer” means a person or an agent of a person who manufactures or assembles wheelchairs. The term includes an importer, factory branch, and any warrantor of the manufacturer's wheelchairs. The term does not include a wheelchair dealer.
(4) “Nonconformity” means a defect that substantially impairs the use, value, or safety of a wheelchair or that is covered by an express warranty applicable to the wheelchair or to components of a wheelchair. The term does not include a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the wheelchair by the consumer.
(5) “Wheelchair” means a manually powered or motor-driven wheelchair, scooter, or other motorized device that is used for mobility assistance, that costs $500 or more, and that a consumer purchases or accepts by transfer.
(6) “Wheelchair dealer” means a person who is in the retail business of selling wheelchairs.
Cite this article: FindLaw.com - Montana Title 30. Trade and Commerce § 30-14-1202. Definitions - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-30-trade-and-commerce/mt-code-ann-sect-30-14-1202/
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