Sec. C-1. 32 MRSA §1658-B, as repealed and replaced by PL 1999, c. 386, Pt. G, §1, is repealed and the following enacted in its place:
§1658-B. Payment; trial period; medical return
1. Trial period. The dealer-licensee may require the purchaser to pay the full purchase price for the hearing aid or aids at the time of delivery.
A. On that date of delivery, a 30-day trial period begins. If within this trial period the purchaser notifies the dealer-licensee of the purchaser's wish to cancel the transaction, the dealer-licensee must make a full refund of the purchase price, less the reasonable price of the ear mold or molds and lab fees, at the time the purchaser returns the hearing aid or aids. The dealer-licensee must also return to the purchaser any hearing aids, devices, accessories and ear molds that the dealer-licensee has received from the purchaser.
B. No fewer than 20 or more than 35 days following the delivery of the hearing aid or aids to the purchaser, the dealer-licensee must contact the purchaser and provide, at no cost to the purchaser, any service, fitting or repair that may be necessary for the beneficial and comfortable use of the hearing aid. If any service, fitting or repair is performed, a new 30-day trial period commences as of the date of this service.
2. Return for medical reasons. The purchaser may cancel the transaction by submitting to the dealer-licensee within 60 calendar days from the date of delivery of the hearing aid or aids a written opinion from a physician or audiologist stating that the hearing aid or aids is not advisable for the purchaser. Upon receipt of the statement and return by the purchaser of the hearing aid or aids, the dealer-licensee shall make a full refund of the purchase price, less the reasonable price of the ear mold or molds and lab fees. The dealer-licensee must also return to the purchaser any hearing aids, devices, accessories and ear molds that the dealer-licensee has received from the purchaser.
3. Violations. Any provision of a contract that limits or conditions in any way the rights guaranteed to purchasers by this section is against public policy and void. Any violation of the requirements of this section, in addition to being unethical conduct under section 1658-N, constitutes a violation of the Unfair Trade Practices Act, Title 5, chapter 10.
Sec. C-2. 32 MRSA §1658-C, sub-§4, ¶D, as amended by PL 1991, c. 509, §7, is further amended to read:
D. The notice must state that the purchaser may cancel the transaction if the purchaser consults an audiologist or a licensed physician who in writing states that the hearing aid is not advisable and in writing specifies the audiological or medical reason or both therefor the provisions of the 30-day trial period and 60-day medical return period as set out in section 1658-B. This notice must state that the purchaser may cancel only if the written opinion from the audiologist or physician is submitted to the seller within 60 calendar days from the date of purchase. If the purchaser cancels a transaction pursuant to this paragraph, the seller-licensee shall within 60 days of the notice of the cancellation and the return by the purchaser of the hearing aid or aids refund to the purchaser the amount paid less 10% of the purchase price of one or more hearing aids and less the reasonable price of the ear mold or molds and lab fees.
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