Defective wheelchair or assistive device: the law gives you a new one in 20 days

It is, in practice, a lemon law for the equipment a person’s mobility or communication depends on. It defines "assistive technology equipment" as any object, piece of equipment or system, purchased by the consumer or provided by a government agency, whether original, modified or adapted, used to maintain, increase or improve the capabilities of persons with functional diversity — including, without limitation, wheelchairs, motorized wheelchairs, motorized mobility equipment, computers, electronic communication devices, computer programs, mechanical reading devices and hearing aids. And it defines "consumer" broadly: the person with functional diversity, their parents or guardian, who purchases the equipment directly, to whom it is transferred or provided for personal use while the warranty has not expired, or who leases it by contract.

The person with functional diversity, their parents or guardian, who purchases assistive technology equipment directly from a manufacturer, supplier, distributor, seller or authorized lessor; to whom equipment is transferred or provided for personal use, as long as the warranty has not expired; or who leases equipment by contract with any of them for personal use.

• That it be assistive technology equipment as the law defines it, purchased, provided or leased.Verified against the official source
• That the failure substantially limit the equipment’s use and value and the person’s safety, and not result from misuse or unauthorized modifications.Verified against the official source

• The written warranty, if you were given one — and if not, the equipment is still covered: the law says it is even when the express warranty is not delivered.
• The record of repairs and dates: the "defective equipment" criteria are counted by number of failures, repairs and days out of service.

1. 1

   Step 1: Know the warranty exists even if you were not given one

   Every manufacturer must provide a written warranty covering the equipment, its complementary parts and every change or adjustment made to it, for a term of no less than one year from delivery. And the law closes the loophole: assistive technology equipment is covered by the warranty even if the manufacturer, supplier, distributor, authorized seller or authorized lessor does not deliver the express warranty. Not being given paperwork does not mean you have no warranty.

2. 2

   Step 2: Demand the loaner at three days

   Whoever receives for repair equipment covered by an express warranty must provide equipment of a similar nature if the repair takes more than three (3) days. And the law says it without ambiguity: providing the substitute equipment shall entail no expense for the consumer. For someone who depends on a wheelchair, that is the point that prevents being left without mobility during the repair.

3. 3

   Step 3: Count the criteria that make equipment "defective"

   One of the four suffices. Assistive technology equipment is defective when it: (a) suffers three or more failures within the express warranty period, or within one year of delivery to the consumer; (b) is out of service due to failure for more than forty-five (45) consecutive calendar days; (c) is submitted to three (3) repairs during the warranty period; or (d) presents any other circumstance where it does not meet the purposes for which it was acquired. Keep count of dates and repairs: that is what triggers the remedy.

4. 4

   Step 4: Ask for the new equipment within 20 days

   When equipment covered by an express warranty is classified as defective, the manufacturer, supplier, distributor, authorized seller or authorized lessor must provide the consumer, within a term of twenty (20) calendar days, new equipment. If they cannot replace the damaged equipment with one of identical value and functioning, they must provide another similar in value and functioning. Note the remedy is new equipment, not one more repair.

5. 5

   Step 5: Demand installation and training without paying

   The law adds a duty that is frequently billed: the manufacturer, supplier, distributor, authorized seller or authorized lessor shall provide the consumer, free of charge, directly or through an authorized professional, the installation, assembly and fitting of the equipment, basic orientation and training on its use and handling. They must also provide informational material on the equipment’s handling and maintenance and on this law, including a notice visible to the public about it.

6. 6

   Step 6: Take the complaint to DACO, with the Ombudsman on your side

   The law splits the roles. The Department of Consumer Affairs is the administrative forum that will hear petitions or complaints about violations of assistive technology equipment warranties, and was to adopt the corresponding regulation. And the office defending persons with disabilities — named in the law as the Office of the Ombudsman for Persons with Disabilities, with a compilation note that it was replaced by the Defensoría under Act 158-2015 — has the duty to orient the public, refer petitions and complaints, ensure warranties are honored, and represent the citizen before DACO when they file a complaint about a violation of one of these warranties.

The Department of Consumer Affairs is the administrative forum for complaints over violations of these warranties. The office the law names as the Ombudsman for Persons with Disabilities — today the Defensoría, per the compilation’s note — orients, refers and may represent you before DACO; the law also charged it with facilitating interagency agreements with Puerto Rico’s Assistive Technology Program, Education, Family and its Vocational Rehabilitation Administration, ADFAN, Health, Labor, the State Insurance Fund, Corrections and Recreation and Sports.

• Believing there is no warranty without paperwork: the law says the equipment is covered even if the express warranty is not delivered.
• Accepting being left without equipment during the repair: after three days they must provide one of a similar nature at no cost.
• Continuing to accept repairs: three repairs during the warranty already classify the equipment as defective.
• Not counting days out of service: more than 45 consecutive calendar days also classifies it as defective.
• Paying for installation, assembly, fitting or training: the law requires them free of charge.
• Settling for another repair when the remedy already applies: new equipment within twenty calendar days is what is owed.
• Forgetting the warranty also covers the changes and adjustments made by an authorized professional for your particular needs.
• Going to DACO alone: the office defending persons with disabilities can represent you in that complaint.

These are the government pages this guide is based on.

• Departamento de Asuntos del Consumidor (DACO)

  DACO

  bvirtualogp.pr.gov

• DACO services

  DACO

  www.daco.pr.gov