In this subtitle the following words have the meanings indicated. “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device used for mobility assistance. “Consumer” means any of the following: The purchaser of a motorized wheelchair, if the motorized wheelchair was purchased from a motorized wheelchair dealer or manufacturer for purposes other than resale; A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motorized wheelchair; A person who may enforce the warranty; or A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease. “Demonstrator” means a motorized wheelchair used primarily for the purpose of demonstration to the public. “Early termination cost” means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under § 14–2703(c)(3) of this subtitle. “Early termination cost” includes a penalty for prepayment under a finance arrangement. “Early termination savings” means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under § 14–2703(c)(3) of this subtitle. “Early termination savings” includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination. “Manufacturer” means a person who manufactures motorized wheelchairs, and any warrantors of the manufacturer’s motorized wheelchairs. “Manufacturer” does not include a motorized wheelchair dealer. “Motorized wheelchair” means any motor–driven wheelchair, scooter, or other wheeled device that is designed to provide mobility assistance for an individual with a disability, including a demonstrator, that a consumer purchases or accepts transfer of in the State. “Motorized wheelchair dealer” means a person who is in the business of selling motorized wheelchairs. “Motorized wheelchair lessor” means a person who leases a motorized wheelchair to a consumer, or who holds the lessor’s rights, under a written lease. “Nonconformity” means a condition or defect that substantially impairs the use, value, or safety of a motorized wheelchair or any of its component parts, and that is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the motorized wheelchair by a consumer. “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within 1 year after first delivery of the motorized wheelchair to a consumer, whichever is sooner: The same nonconformity with the warranty is subject to repair at least four times by the manufacturer, motorized wheelchair lessor, or any of the manufacturer’s authorized motorized wheelchair dealers and the nonconformity continues; or The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.

A manufacturer who sells a new motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express written warranty for the new motorized wheelchair warranting parts and performance. The duration of the express written warranty may not be less than 1 year after first delivery of the new motorized wheelchair to the consumer. If a manufacturer fails to furnish an express written warranty as required by this section, the new motorized wheelchair shall be covered by an express warranty, as if the manufacturer had furnished an express written warranty to the consumer as required by this section.

If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor, or to any of the manufacturer’s authorized motorized wheelchair dealers, and makes the motorized wheelchair available for repair before 1 year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired at the manufacturer’s expense to correct the nonconformity regardless of whether the repairs are made after expiration of the warranty rights period. If in any subsequent proceeding it is determined that the consumer’s repair did not qualify for repair under this article, and the manufacturer was not otherwise obligated to repair the motorized wheelchair, the consumer shall be liable to the manufacturer for costs of repair. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under paragraph (2) or (3) of this subsection, whichever is appropriate. At the direction of the consumer, except a consumer who leases a motorized wheelchair, the manufacturer shall do one of the following: Accept return of the motorized wheelchair or any of its component parts and replace it with a comparable new motorized wheelchair or any of its component parts and refund any collateral costs. Accept 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. The reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motorized wheelchair dealer. At the direction of a consumer who leases a motorized wheelchair, the manufacturer shall: 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 as defined in subsection (d) of this section; 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 as defined in subsection (e) of 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. 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. To receive a comparable new motorized wheelchair or a refund due under subsection (c)(1) or (2) of this section, a consumer, except a consumer who leases a motorized wheelchair, shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the consumer with a comparable new motorized wheelchair or a refund. When the manufacturer provides the new motorized wheelchair or refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer. To receive a refund due under subsection (c)(3) of this section, a consumer who leases a motorized wheelchair shall offer to return the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer. To receive a refund due under subsection (c)(3) of this section, a motorized wheelchair lessor shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the motorized wheelchair lessor. When the manufacturer provides the refund, the motorized wheelchair lessor shall provide any endorsements necessary to transfer legal possession to the manufacturer. A person may not enforce the lease against the consumer after the consumer receives a refund due under subsection (c)(3) of this section. A motorized wheelchair returned by a consumer or motorized wheelchair lessor in this State under subsection (c) of this section, or by a consumer or motorized wheelchair lessor in another state under a similar law of that state, may not be sold or leased again in this State unless full disclosure of the reasons for return is made to any prospective buyer or lessee.

This subtitle may not be deemed to limit rights or remedies available to a consumer under any other law or contract. A consumer’s rights under this subtitle may not be limited by the provisions of Title 2A of the Uniform Commercial Code. Any waiver by a consumer of rights under this subtitle is void.

A violation of this subtitle shall be an unfair or deceptive trade practice under Title 13 of this article. In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this subtitle. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.

This subtitle may be cited as “The Motorized Wheelchair Warranty Enforcement Act”.