§ 5163. Replacement or Refunds
TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5163. Replacement or Refunds. (a) To receive a comparable new assistive device or a refund due under 4 CMC § 5162(d) and amendments thereto, a consumer shall offer to the manufac- turer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable assistive device or refund. When the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer. (b) To receive a refund due under 4 CMC § 5162(d)(3) and amendments thereto, a consumer described under paragraph 4 of subsection 2 and amend- ments thereto shall offer to return the assistive device having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacture provides the refund, the consumer shall return to the manufacturer the assistive device having the nonconformity. (c) To receive a refund due under 4 CMC § 5162(d)(3) and amendments there- to, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacture. No later than 30 days after that offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer. Source: PL 11-101, § 4, modified. Commission Comment: In subsection (b) of this section, the reference to “… a consumer described under paragraph 4 of subsection 2 and amendments thereto …” in the first sentence of this subsection is retained as is because it is not clear exactly where this reference is to be found. There is no paragraph 4 of subsection 2 found in the act.
Source: CNMI Law Revision Commission