Section 08.55.110. Cancellation option.

   (a) In addition to the cancellation allowed under AS 45.02.350, a person who has purchased or leased a hearing aid from a hearing aid dealer may cancel the sale or lease as provided under (b) of this section or by giving written notice of the intention to cancel the sale or lease to the dealer not later than 30 days following the later of (1) the date the person receives the hearing aid, or (2) the date the hearing aid dealer provides the person with the notice under (c) of this section.  The person may use the notice received under (c) of this section to cancel the sale or lease by signing the form where indicated.
   (b) In addition to the other rights and remedies the purchaser or lessee of a hearing aid may have, the purchaser or lessee of a hearing aid has the right to cancel the sale or lease by giving written notice of the cancellation to the hearing aid dealer if
        (1) the hearing aid dealer is not a physician or an audiologist, and within 60 days from the receipt by the purchaser or lessee of the hearing aid or the notice to be provided under (c) of this section, whichever receipt is later, a physician or an audiologist advises the person in writing to cancel the sale or lease and specifies in writing the medical or audiological reason for the advice; or
        (2) the hearing aid dealer, if not a physician or audiologist, has violated a provision of this chapter in the sale or lease of the hearing aid to the person;
        (3) the hearing aid dealer who is a physician or audiologist has violated (a) or (c) - (h) of this section or AS 08.55.050, 08.55.070, 08.55.100, or 08.55.130(7) - (13) in the sale or lease of the hearing aid to the person.
   (c) A hearing aid dealer shall give a person who has purchased or leased a hearing aid from the dealer notice of the right to cancel the purchase or lease that is substantially identical to the following form with all of the information filled in except the signature and date lines for the purchaser or lessee: 
                                                                 
       NOTICE OF RIGHT TO CANCEL                                 
     __________________________________________________________  
     Name of Hearing Aid Dealer                                  
     __________________________________________________________  
     Address of Hearing Aid Dealer                               
     __________________________________________________________  
     Date of Sale or Lease                                       
You may cancel this transaction within 30 days from the date you 
receive the hearing aid or this notice, whichever is later.            
You may also cancel this transaction within 60 days from the date
you receive the hearing aid or this notice, whichever is later, if the 
hearing aid dealer is not a licensed physician or a licensed
 audiologist and if a licensed physician or a licensed audiologist     
advises you in writing to cancel this transaction.                     
If you cancel this transaction, the property you traded in, the  
payments you made under the sale or lease (less certain costs allowed
 by state law) and any negotiable instrument executed by you will be   
returned within 20 days following receipt by the hearing aid dealer of 
your cancellation notice, and the hearing aid dealer will cancel any   
security interest arising out of the sale or lease.                    
If you cancel, you must make available to the hearing aid dealer,
in as good a condition as when received, less normal wear and tear, the
goods delivered to you under this sale or lease, unless the dealer     
notifies you to keep the goods or to hold them until the dealer
 collects them.                                                        
If the goods have been damaged, the hearing aid dealer may deduct
from any refund due you the reasonable costs incurred in repairing the 
goods to make them suitable for resale.  If the goods have been damaged
beyond repair, you are liable for the full purchase price, even if you 
are just leasing the goods.                                            
If you make the goods available for the hearing aid dealer to    
collect after your cancellation, and within 20 days of receiving your  
cancellation the hearing aid dealer does not collect them from you or  
provide you with instructions for returning the goods by mail, you may 
retain or dispose of the goods without further obligation to the
 hearing aid dealer. If you fail to make the goods available for the   
hearing aid dealer to collect after your cancellation, then the sale or
lease is not cancelled and you remain liable for performance of the    
obligations of the sale or lease.                                      
To cancel this transaction, mail (by certified mail, return      
receipt requested) or deliver a signed and dated copy of this notice or
another written notice to (name of hearing aid dealer), at (address of 
hearing aid dealer's place of business) and (hearing aid dealer's      
telephone number) no later than midnight of (Date).                    
I hereby cancel this transaction.                                
(Date) _________________________________________________________ 
________________________________________________________________ 
(Purchaser's or Lessee's signature)                              
I have read and understand the terms of cancellation of this     
purchase/lease.                                                        
     ___________________________________________________________ 
     Purchaser's or Lessee's signature                           
     ___________________________________________________________ 
     Date                                                 
   (d) If a purchaser or lessee of a hearing aid cancels the purchase or lease under (a) or (b) of this section, the hearing aid dealer shall within 20 days of receipt of a notice of the cancellation
        (1) refund to the purchaser or lessee all deposits, including the down payment, less (A) 10 percent of the total purchase price for each 30 days that the purchaser or lessee had the hearing aid, to pay for the reasonable rental value of the hearing aid; (B) the reasonable price of ear molds or custom casings prepared for the purchaser or lessee; and (C) the reasonable costs actually incurred by the hearing aid dealer to make goods that were traded in by the purchaser or lessee ready for sale; the hearing aid dealer may retain the money allowed under this paragraph only up to the amount of a down payment made by the purchaser or lessee;
        (2) return to the purchaser or lessee all goods traded in to the hearing aid dealer as part of the sale or lease;
        (3) return to the purchaser or lessee a negotiable instrument signed by the purchaser or lessee; and
        (4) cancel a security interest taken by the hearing aid dealer for the purchase or lease.
   (e) If the hearing aid returned by the purchaser or lessee has been damaged, the hearing aid dealer may deduct from any refund due the purchaser or lessee the reasonable costs incurred in repairs necessary to make the hearing aid suitable for resale.  If the hearing aid is damaged beyond repair, the purchaser or lessee is liable for the full purchase price.
   (f) The purchaser or lessee may retain or dispose of the hearing aid if within 20 days of receipt of the notice of cancellation, the hearing aid dealer fails
        (1) to collect the hearing aid from the purchaser or lessee; or
        (2) to provide the purchaser or lessee with instructions for returning the hearing aid by mail.
   (g) If a purchaser or lessee of a hearing aid fails to make the hearing aid available for the hearing aid dealer to collect, the purchaser or lessee remains liable for the purchase or lease.
   (h) To give written notice under this section, a person shall deliver the notice to the hearing aid dealer in person or to the place of business of the dealer, or mail the notice to the place of business of the dealer by certified mail, return receipt requested.

Notes

History

(Sec. 8 ch 131 SLA 1986)