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The California Song-Beverly Consumer Warranty
Act provides a 30-day warranty on all new and
used hearing aids sold in California. If the
hearing aid is not specifically fit for the
buyer's particular needs, the device may be
returned to the hearing aid dispenser within 30
days of the date of actual receipt by the buyer
or completion of fitting by the seller,
whichever occurs later. If the buyer returns the
device, the seller must either adjust or replace
the device or promptly refund the total amount
paid.
If the buyer returns the
device within the 30-day period, the seller is
required, without charge and within a reasonable
time, to adjust, repair or replace the device.
If, after the adjustment, repair or replacement,
the device is still not specifically fit for the
buyer's particular needs, the device may be
returned for a refund of the total amount
paid including all payments and any trade-in
exchanged as part of the transaction.
The Office of the Attorney
General's legal opinion confirms that "the
seller may NOT retain any portion of the total
amount paid on the basis that such part payment
was for fitting the device or other ancillary
service or for one or more of the component
parts that the seller refuses to take back."
This means the hearing aid dispenser may not
retain a fee or other charge in
connection with the purchase, fitting,
financing, or return of the device, and no fee
should be listed as "non-refundable" on the
purchase agreement.
Application of the Law
The hearing aid may be
returned at any time within 30 days after the
date of the actual delivery or completion of the
fitting, whichever occurs later. For example, if
the device is ordered on July 1, and delivered
on July 15, it may be returned for adjustment or
replacement through August 15. If, however, the
process of the fitting only begins on July 15
and the fitting is not completed until August
20, the buyer is entitled to return the device
for adjustment or replacement through September
20.
The hearing aid dispenser has
the right to attempt to achieve a proper fitting
by adjusting, repairing or replacing the device.
If, after the adjustment, the device is still
not suited to the buyer's particular needs, then
the device may be returned for a refund of the
total amount paid.
Buyer's and Seller's
Responsibilities
The hearing aid dispenser
must act in good faith in honoring the buyer's
rights, and the buyer, too, must act in good
faith in enforcing such rights. Whether the
device is or is not specifically fit for the
buyer's particular needs will always be a
question of fact. The fact that the buyer
sincerely believes that the device is unfit is
relevant, but will never be conclusive, just as
the fact that the seller believes that the
device is fit will never be conclusive. In a
dispute, the opinion of an unrelated third
person will be helpful -- but again, never
conclusive. As usually is the case, the seller
and buyer will have to work to resolve any
differences to each other's satisfaction.
The buyer does not have an
unqualified option to return the device for a
refund and may return the hearing aid for a
refund only if:
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(a) |
the device is not specifically fit for
the particular needs of the buyer,
and |
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(b) |
the buyer has not abused the device,
and |
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(c) |
the buyer has returned the device to the
seller for adjustment or replacement
within the 30 days, and |
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(d) |
the seller has failed to adjust the
device or, if appropriate, replace it
with a device that is specifically fit
for the buyer's particular needs. |
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The hearing aid dispenser is not
required by law to provide a refund if: |
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(a) |
the device has been abused or damaged by
the buyer; |
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(b) |
the buyer keeps the device for more than
30 days after delivery without seeking
an adjustment; |
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(c) |
the buyer does not allow the dispenser
an opportunity to adjust, repair or
replace the device; |
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(d) |
the buyer feels he/she paid too much and
returns the hearing aid; or |
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(e) |
the hearing aid is returned after the
death of the buyer. |
It is important that both the
buyer and the seller keep accurate written
records of the dates of all adjustments. In a
dispute, the records will be essential in making
a determination of the issue.
The Purchase Agreement Written Warranty
Requirement
The following warranty language must appear on
the hearing aid purchase agreement/receipt
delivered to the buyer:
This assistive device is warranted to be
specifically fit for the particular needs of
you, the buyer. If the device is not
specifically fit for your particular needs, it
may be returned to the seller within 30 days of
the date of actual receipt by you or completion
of fitting by the seller, whichever occurs
later. If you return the device, the seller will
either adjust or replace the device or promptly
refund the total amount paid. This warranty does
not affect the protections and remedies you have
under other laws. |
