Sec. 8. (a) As used in this chapter, "nonconformity" means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components. (b) The term does not include a condition or defect of the assistive device that: (1) is the result of: (A) abuse, misuse, or neglect by a consumer; (B) modifications or alterations not authorized by the manufacturer; (C) normal wear, including accumulation of ear wax, perspiration, or moisture; (D) normal use that may be resolved through a fitting adjustment, routine maintenance, preventative maintenance, or proper care; or (E) a consumer's failure to follow any manufacturer's written service and maintenance guidelines furnished at the time of purchase; or (2) indicates the need for: (A) routine adjustment, modification, or upgrade; or (B) an adjustment: (i) due to an exacerbation in the condition of the individual with a disability; or (ii) to improve the fit of the assistive device.
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