{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-471.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-471.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-471.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-471.html"}],"law_id":81758,"edition_id":1,"section_id":81758,"structure_id":14165,"section_number":"59.1-471","catch_line":"Implied warranty; responsibility for repair, return, or replacement","history":"1998, cc. 67, 242.","full_text":"A\n\nNotwithstanding any other provision of law, in addition to any express warranty furnished by the manufacturer of an assistive device, such manufacturer shall also be deemed to have warranted to any consumer purchasing or leasing such device within this Commonwealth, that for a period of one year from date of first delivery to the consumer (i) the device, when used as intended, will be free from any nonconformity and (ii) any nonconformity will be repaired (parts and labor) by the manufacturer or its agent, without charge to the consumer.B\n\nIf, after reasonable attempt to repair, any nonconformity is not repaired, the manufacturer shall either:1\n\nAccept return of the nonconforming assistive technology device and refund to the consumer or consumers, to the extent of each consumer’s participation in the initial purchase or lease of the device or collateral costs, within fourteen days thereof, (i) the manufacturer’s suggested retail price, if available, (ii) the full purchase price of the device, excluding the cost of services associated with the device’s initial purchase, together with reasonable collateral costs, or (iii) if the device was leased, all lease payments made through the date of return together with a proportional share of any required deposit; or2\n\nAccept return of the nonconforming assistive technology device and replace such nonconforming device with one of comparable market value, function and usefulness within thirty days of such request.","order_by":null,"text":{"0":{"id":292881,"text":"Notwithstanding any other provision of law, in addition to any express warranty furnished by the manufacturer of an assistive device, such manufacturer shall also be deemed to have warranted to any consumer purchasing or leasing such device within this Commonwealth, that for a period of one year from date of first delivery to the consumer (i) the device, when used as intended, will be free from any nonconformity and (ii) any nonconformity will be repaired (parts and labor) by the manufacturer or its agent, without charge to the consumer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292882,"text":"If, after reasonable attempt to repair, any nonconformity is not repaired, the manufacturer shall either:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":292883,"text":"Accept return of the nonconforming assistive technology device and refund to the consumer or consumers, to the extent of each consumer’s participation in the initial purchase or lease of the device or collateral costs, within fourteen days thereof, (i) the manufacturer’s suggested retail price, if available, (ii) the full purchase price of the device, excluding the cost of services associated with the device’s initial purchase, together with reasonable collateral costs, or (iii) if the device was leased, all lease payments made through the date of return together with a proportional share of any required deposit; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":292884,"text":"Accept return of the nonconforming assistive technology device and replace such nonconforming device with one of comparable market value, function and usefulness within thirty days of such request.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1"}},"ancestry":[{"id":14165,"edition_id":1,"name":"Virginia Assistive Technology Device Warranties Act","identifier":"40","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:47:06","date_modified":"2026-06-26 03:47:06","permalink":{"id":261749,"object_type":"structure","relational_id":14165,"identifier":"40","token":"59.1\/40","url":"\/59.1\/40\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60689,"structure_id":14165,"section_number":"59.1-470","catch_line":"Definitions","url":"\/59.1-470\/","token":"59.1\/40\/59.1-470","metadata":false},{"id":81758,"structure_id":14165,"section_number":"59.1-471","catch_line":"Implied warranty; responsibility for repair, return, or replacement","url":"\/59.1-471\/","token":"59.1\/40\/59.1-471","metadata":false},{"id":74477,"structure_id":14165,"section_number":"59.1-472","catch_line":"Returned devices; subsequent sale or lease; disclosure","url":"\/59.1-472\/","token":"59.1\/40\/59.1-472","metadata":false},{"id":55331,"structure_id":14165,"section_number":"59.1-473","catch_line":"Legal action or arbitration","url":"\/59.1-473\/","token":"59.1\/40\/59.1-473","metadata":false},{"id":65247,"structure_id":14165,"section_number":"59.1-474","catch_line":"Certain actions deemed void","url":"\/59.1-474\/","token":"59.1\/40\/59.1-474","metadata":false}],"previous_section":{"id":60689,"structure_id":14165,"section_number":"59.1-470","catch_line":"Definitions","url":"\/59.1-470\/","token":"59.1\/40\/59.1-470","metadata":false},"next_section":{"id":74477,"structure_id":14165,"section_number":"59.1-472","catch_line":"Returned devices; subsequent sale or lease; disclosure","url":"\/59.1-472\/","token":"59.1\/40\/59.1-472","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-471\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapters 67<\/a> and 242<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":74477,"section_number":"59.1-472","catch_line":"Returned devices; subsequent sale or lease; disclosure","order_by":null,"url":"\/59.1-472\/"}],"refers_to":false,"permalink":{"id":261755,"object_type":"law","relational_id":81758,"identifier":"59.1-471","token":"59.1\/40\/59.1-471","url":"\/59.1-471\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-471\/","token":"59.1\/40\/59.1-471","dublin_core":{"Title":"Implied warranty; responsibility for repair, return, or replacement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-471","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, in addition to any express warranty furnished by the manufacturer<\/span> of an assistive device<\/span>, such manufacturer<\/span> shall also be deemed to have warranted to any consumer purchasing or leasing such device<\/span> within this Commonwealth, that for a period of one year from date of first delivery to the consumer (i) the device<\/span>, when used as intended, will be free from any nonconformity<\/span> and (ii) any nonconformity<\/span> will be repaired (parts and labor) by the manufacturer<\/span> or its agent, without charge to the consumer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, after reasonable attempt to repair<\/span>, any nonconformity<\/span> is not repaired, the manufacturer<\/span> shall either: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Accept return of the nonconforming assistive technology device<\/span> and refund to the consumer or consumers, to the extent of each consumer’s participation in the initial purchase or lease of the device<\/span> or collateral costs<\/span>, within fourteen days thereof, (i) the manufacturer<\/span>’s suggested retail price, if available, (ii) the full purchase price of the device<\/span>, excluding the cost of services associated with the device<\/span>’s initial purchase, together with reasonable collateral costs<\/span>, or (iii) if the device<\/span> was leased, all lease payments made through the date of return together with a proportional share of any required deposit; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Accept return of the nonconforming assistive technology device<\/span> and replace such nonconforming device<\/span> with one of comparable market value, function and usefulness within thirty days of such request. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPLIED WARRANTY; RESPONSIBILITY FOR REPAIR, RETURN, OR REPLACEMENT (\u00a7\n59.1-471)\n\nA. Notwithstanding any other provision of law, in addition to any express\nwarranty furnished by the manufacturer of an assistive device, such manufacturer\nshall also be deemed to have warranted to any consumer purchasing or leasing\nsuch device within this Commonwealth, that for a period of one year from date of\nfirst delivery to the consumer (i) the device, when used as intended, will be\nfree from any nonconformity and (ii) any nonconformity will be repaired (parts\nand labor) by the manufacturer or its agent, without charge to the consumer.\n\nB. If, after reasonable attempt to repair, any nonconformity is not repaired,\nthe manufacturer shall either:\n\n 1. Accept return of the nonconforming assistive technology device and refund\n to the consumer or consumers, to the extent of each consumer’s\n participation in the initial purchase or lease of the device or collateral\n costs, within fourteen days thereof, (i) the manufacturer’s suggested\n retail price, if available, (ii) the full purchase price of the device,\n excluding the cost of services associated with the device’s initial\n purchase, together with reasonable collateral costs, or (iii) if the device\n was leased, all lease payments made through the date of return together with a\n proportional share of any required deposit; or\n\n 2. Accept return of the nonconforming assistive technology device and replace\n such nonconforming device with one of comparable market value, function and\n usefulness within thirty days of such request.\n\nHISTORY: 1998, cc. 67, 242.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}